Opinion
May 3, 1993
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Inasmuch as the defendant submitted medical evidence in admissible form establishing that the plaintiff had not sustained a "serious injury", it was incumbent upon the plaintiff to submit evidence in admissible form in order to succeed in defeating the defendant's motion for summary judgment (Grasso v Angerami, 79 N.Y.2d 813, 814; Pagano v Kingsbury, 182 A.D.2d 268, 270; see also, McHaffie v Antieri, 190 A.D.2d 780; Jacondino v Lovis, 186 A.D.2d 109). The unsworn physician's letter report submitted by the plaintiff in opposition to the motion was not in admissible form and therefore insufficient to raise triable issues of fact (Grasso v Angerami, supra, at 814). Further, the plaintiff's continuing, subjective complaints of recurrent pain, as expressed in her examination before trial, are also insufficient "within the objective verbal definition of serious injury as contemplated by the No-Fault Insurance Law" (Scheer v Koubek, 70 N.Y.2d 678, 679; see also, Rhind v Naylor, 187 A.D.2d 498; Duryea v Zung, 185 A.D.2d 912). Mangano, P.J., Thompson, Balletta and Joy, JJ., concur.