James v. Yoen Wah Rental, Inc.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about September 20, 2002, which granted defendant Juan Medina’s motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.

In this personal injury action arising out of a motor vehicle collision in the course of plaintiffs employment, summary judgment was properly granted to defendant Medina (CPLR 3212; Insurance Law § 5104 [a]; § 5102 [d]; see Gaddy v Eyler, 79 NY2d 955, 957 [1992]). The medical reports submitted by plaintiff in opposition to his motion were neither sworn nor affirmed, and…