Hernandez v. Ramirez

Appellate Division of the Supreme Court of New York

Hernandez v. Ramirez

19 A.D.3d 192, 796 N.Y.S.2d 605, 2005 N.Y. App. Div. LEXIS 6527

Appellate Division of the Supreme Court of the State of New York·Decided June 14, 2005·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 3, 2004, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain serious injury to, inter alia, his back, left arm and right knee, within the meaning of Insurance Law § 5102 (d). The affirmed medical reports of a neurologist, an orthopedist and a ra[193] diologist, based on objective testing, X rays and an MRI, offered the opinion that plaintiff suffered no disability as a consequence of the motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]).

Plaintiffs unaffirmed medical reports and unsworn medical records submitted in opposition lacked probative value and were insufficient to raise a triable issue of fact as to serious injury (James v Yoen Wah Rental, 1 AD3d 237 [2003]; CPLR 2106). Concur—Buckley, P.J., Mazzarelli, Friedman, Marlow and Ellerin, JJ.

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Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 3, 2004, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain serious injury to, inter alia, his back, left arm and right knee, within the meaning of Insurance Law § 5102 (d). The affirmed medical reports of a neurologist, an orthopedist and a ra[193] diologist, based on objective testing, X rays and an MRI, offered the opinion that plaintiff suffered no disability as a consequence of the motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]).

Plaintiffs unaffirmed medical reports and unsworn medical records submitted in opposition lacked probative value and were insufficient to raise a triable issue of fact as to serious injury (James v Yoen Wah Rental, 1 AD3d 237 [2003]; CPLR 2106). Concur—Buckley, P.J., Mazzarelli, Friedman, Marlow and Ellerin, JJ.

Hernandez v. Ramirez, 19 A.D.3d 192, 796 N.Y.S.2d 605, 2005 N.Y. App. Div. LEXIS 6527 (N.Y. Ct. App. 2005).

Pincite

19 A.D.3d 192 (Hernandez v. Ramirez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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