Choudhury v. Chen

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about August 18, 1999, which denied defendants’ motion for summary judgment dismissing the complaint upon the ground that plaintiff Nadira Choudhury had not sustained “serious injury” within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

The unsworn medical report prepared by defendants’ medical expert and submitted in support of their summary judgment motion was insufficient to satisfy defendants’ initial burden as summary judgment movants to make a prima facie showing that plaintiff had not…