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PUENTES v. MARTINEZ

309 A.D.2d 675 (2003)

765 N.Y.S.2d 864

ROMA E. PUENTES et al., Appellants, v. DAMARIS MARTINEZ et al., Respondents.

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

Decided October 28, 2003.

Plaintiffs submitted unsworn medical reports from a chiropractor on the issue of serious injury, a flaw which rendered them insufficient to defeat summary judgment (see Sanchez v Romano, 292 A.D.2d 202 [2002]; Graham v Shuttle Bay, 281 A.D.2d 372 [2001]); and plaintiffs' proffered excuse for failing to obtain an affidavit from the chiropractor was unacceptable. Even if tendered in admissible...

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