Cangemi v. Cole

— Order unanimously reversed, on the law, without costs, and defendant’s motion granted. Memorandum: Defendant moved for summary judgment dismissing the complaint in this automobile negligence action on the ground that plaintiff had not sustained a serious injury within the meaning of section 5102 of the Insurance Law (formerly § 671). Special Term denied the motion and defendant appeals. We reverse. Neither party objected to the use on this motion of the unsworn physician’s reports. It appears from the reports that the only serious injury claimed by the plaintiff was to his shoulder. Six…