Opinion · New York Court of Appeals
Grasso v. Angerami
79 N.Y.2d 813
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1991-12-23
- Topic
- general
holding that an unsworn doctor's report tended by Plaintiff as proof of "serious injury" was in inadmissible form and would not defeat a motion for summary judgment | holding that an unsworn doctor's report tended by Plaintiff as proof of "serious injury" was in inadmissible form and would not defeat a motion for summary judgment
Citator
- Cited by
- 76 opinions
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In opposition to defendant’s motion for summary judgment pursuant to Insurance Law § 5102 (d), plaintiff tendered proof of "serious injury” in inadmissible form, namely an unsworn doctor’s report. Inasmuch as plaintiff did not offer any excuse for his failure to provide the medical report in proper form, we need not consider whether proof of serious injury in
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.