Majority
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated July 19, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The defendant met her initial burden of establishing, as a matter of law, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) by submitting, inter alia, the affirmed medical reports of an orthopedist and neurologist, based upon recent examinations of the plaintiff (see, Gaddy v Eyler, 79 NY2d 955 ; Licari v Elliott, 57 NY2d 230 , 236).
In opposition to the defendant’s motion, the plaintiff submitted, inter alia, numerous reports that were not in admissible form (see, Grasso v Angerami, 79 NY2d 813 , 814; Gleason v Huber, 188 AD2d 581 ). Furthermore, the two affirmations of the plaintiffs physicians were based on examinations of the
Cases cited
- Licari v. Elliott 57 NY2d 230 at 236 p. 483
- Grasso v. Angerami 79 NY2d 813 at 814 p. 483
- Gleason v. Huber 188 AD2d 581 p. 483
- Bidetto v. Williams 276 AD2d 516 p. 484
- Mohamed v. Dhanasar 273 AD2d 451 p. 484
- Kauderer v. Penta 261 AD2d 365 p. 484
- Evans v. Mohammad 243 AD2d 604 p. 484
- Monaco v. Davenport 277 AD2d 209 p. 484
- Grossman v. Wright 268 AD2d 79 at 85 p. 484
- Smith v. Askew 264 AD2d 834 p. 484