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OAKLEIGH CALDWELL, Appellant, v. STUART KELLNER et al., Respondents.

Ordered that the order is affirmed, with costs.

The unsworn reports by the plaintiff's physicians which the defendants submitted in support of their motion and cross motion made a "`prima facie showing of entitlement to judgment as a matter of law'" (Pagano v. Kingsbury, 182 A.D.2d 268, 270).

Because the only medical reports which the plaintiff has submitted in opposition to the motion and cross motion are unsworn reports from his own medical witnesses, he has failed to defeat the motion (see, Pagano v. Kingsbury, supra). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.

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CALDWELL v. KELLNER
(Jan 31, 1994)