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PAGAN v. GONDOLA CAB CORP.

235 A.D.2d 251 (1997)

652 N.Y.S.2d 277

Lisa Pagan, Respondent, v. Gondola Cab Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 14, 1997

Summary judgment was properly denied where the medical report of defendants' physician, offered to establish that plaintiff had not suffered "serious injury" under Insurance Law § 5102 (d), was unsigned and therefore not in admissible form (DeAngelo v Fidel Corp. Servs., 171 A.D.2d 588). In any event, the affidavit of plaintiff's treating physician, stating that he found a 20% restriction...

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