Cespedes v. McNamee
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Dianne Renwick, J.), entered November 12, 2002, which granted plaintiffs motion to renew a prior order granting defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury as defined by Insurance Law § 5102 (d), and, upon renewal, denied the motion for summary judgment, unanimously affirmed, without costs.
*410The IAS court originally granted defendants’ motion for summary judgment because the physician’s report that plaintiff submitted in opposition was neither sworn nor affirmed pursuant to CPLR 2106. Immediately after…
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