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SANTORO v. DANIEL

Appellate Division of the Supreme Court of New York, Second Department.
Oct 2, 2000
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DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants established a prima facie case that the plaintiff's injuries were not serious through the affirmed reports of orthopedists, who, upon examining the plaintiff, found no objective evidence of any orthopedic disability (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The affirmation of the plaintiff's treating chiropractor, which was not notarized, and unsworn medical reports submitted by the plaintiff in opposition to the motion did not constitute competent evidence (see, Feintuch v. Grella, 209 A.D.2d 377; Pagano v. Kingsbury, 182 A.D.2d 268). Accordingly, the plaintiff failed to raise a triable issue of fact (see, CPLR 3212[b]).