Martin v. Portexit Corp.

OPINION OF THE COURT

Abdus-Salaam, J.

This case requires us to decide whether a physician’s affirmation containing an electronic signature complies with CPLR 2106. We find that it does.

In this personal injury action, defendants moved for summary judgment, asserting that plaintiff had not sustained a serious injury. The affirmations of defendants’ medical experts each bore the electronic signature of the physician. In opposition to the motion, plaintiff argued that the affirmations did not comply with CPLR 2106, and were thus inadmissible. The motion court decided the motion without addressing…