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CHOUDHURY v. CHEN

273 A.D.2d 142 (2000)

710 N.Y.S.2d 895

NADIRA CHOUDHURY, Respondent, et al., Plaintiff, v. HSIEN CHEN et al., Appellants.

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

Decided June 22, 2000.

The unsworn medical report prepared by defendants' medical expert and submitted in support of their summary judgment motion was insufficient to satisfy defendants' initial burden as summary judgment movants to make a prima facie showing that plaintiff had not sustained "serious injury" within the meaning of Insurance Law § 5102 (d) (see, DeAngelo v Fidel Corp. Servs., 171 A.D.2d 588, 589). In any event, defendants' claim that...

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