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NEWTON v. DRAYTON

305 A.D.2d 303 (2003)

760 N.Y.S.2d 38

MICHELLE D. NEWTON, Appellant, v. WILLIAM H. DRAYTON et al., Respondents.

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

Decided May 27, 2003.

Defendants permissibly relied on the unsworn reports of plaintiff's doctors to satisfy their initial burden of showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see McNair v Ofori, 198 A.D.2d 47 [1993]). Contrary to plaintiff's opposition, nothing in these reports tends to show that trauma experienced in the accident made an abortion...

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