Caldwell v. Kellner

Full title: OAKLEIGH CALDWELL, Appellant, v. STUART KELLNER et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 31, 1994

200 A.D.2d 702 (N.Y. App. Div. 1994)

608 N.Y.S.2d 869

Opinion

January 31, 1994

Appeal from the Supreme Court, Nassau County (Lockman, J.).

Ordered that the order is affirmed, with costs.

The unsworn reports by the plaintiff's physicians which the defendants submitted in support of their motion and cross motion made a "`prima facie showing of entitlement to judgment as a matter of law'" (Pagano v. Kingsbury, 182 A.D.2d 268, 270).

Because the only medical reports which the plaintiff has submitted in opposition to the motion and cross motion are unsworn reports from his own medical witnesses, he has failed to defeat the motion (see, Pagano v. Kingsbury, supra). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.