Ordered that the order is affirmed, with costs.
The defendant John Walls moved for summary judgment, contending that the plaintiff Eileen McGovern did not sustain a "serious injury" within the purview of Insurance Law § 5102 (d) (see, Licari v. Elliott, 57 N.Y.2d 230). In support of his motion, the defendant Walls relied, inter alia, on an unsworn report prepared by his examining physician, and two unsworn reports prepared by Ms. McGovern's own treating physicians.
A moving defendant may rely on the unsworn reports of a plaintiff's own physicians in support of a motion for summary judgment. The reports relied upon here by Walls do not demonstrate that Ms. McGovern suffered a "serious injury". Ms. McGovern, however, by submitting a physician's affidavit in admissible form, carried her burden of establishing a prima facie case of "serious injury" pursuant to Insurance Law § 5102 (d) (see, Hochlerin v. Tolins, 186 A.D.2d 538; Pagano v Kingsbury, 182 A.D.2d 268; Spezia v. De Marco, 173 A.D.2d 462; Bates v. Peeples, 171 A.D.2d 635; Morsellino v. Frankel, 161 A.D.2d 748; Lynch v. Adirondack Tr. Lines, 169 A.D.2d 904). Accordingly, denial of the defendant Walls' motion for summary judgment was proper. Mangano, P.J., Balletta, Friedmann and Florio, JJ., concur.