MALIADIS v. GIACONNELLI

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

By relying solely on an unsworn medical report of his own physician, the plaintiff failed to submit sufficient evidence in opposition to the appellant's motion for summary judgment (see, Pagano v. Kingsbury, 182 A.D.2d 268). Moreover, we conclude that the plaintiff has failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v. Elliott, 57 N.Y.2d 230; Phillips v. Costa, 160 A.D.2d 855; Philpotts v. Petrovic, 160 A.D.2d 856). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.