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CABREJA v. MORRIS

309 A.D.2d 536 (2003)

765 N.Y.S.2d 494

CESAR D. CABREJA, Appellant, v. IRENE MORRIS, Also Known as IRENE G. GLOVER, Respondent.

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

Decided October 7, 2003.

In opposition to defendant's prima facie showing of no serious injury, plaintiff submitted the report of his treating physician which, while denominated an affirmation, is neither affirmed (CPLR 2106) nor sworn to (see Merrill/New York Co. v Celerity Sys., 300 A.D.2d 206 [2002]), and thus failed to provide the requisite medical evidence of serious injury (see Grasso v Angerami, 79 N.Y.2d 813

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