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CARTER v. RIVERA

34703/07

24 Misc.3d 920 (2009)

880 N.Y.S.2d 462

UHURA CARTER et al., Plaintiffs, v. JUANITA RIVERA, Defendant.

Supreme Court, Kings County.

Decided May 26, 2009.

Attorney(s) appearing for the Case

Richard T. Lau & Associates (Gene W. Higgins of counsel), for defendant.

Rubenstein & Rynecki (Jera Randesi of counsel), for plaintiffs.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

It is perhaps surprising that there is yet any stone unturned at the serious injury threshold, but this motion presents a question that does not appear to have been answered: May the plaintiff raise a triable issue in opposition to a threshold motion with medical records or reports that are uncertified, unsworn, and unaffirmed, but are rendered admissible as evidence...

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