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Kenneth ROBINSON, Plaintiff-Appellant, v. William K. BRUENN, et al., Defendants-Respondents, Tim Sheehy, et al., Defendants.
Order, Supreme Court, New York County (Richard Lowe III, J.), entered November 20, 2000, which granted defendants' motions for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102(d), unanimously affirmed, without costs.
Defendants met their initial burden of showing that plaintiff's injuries were not serious with medical records generated shortly after the accident objectively showing only soft tissue injuries (see, Gaddy v. Eyler, 79 N.Y.2d 955, 582 N.Y.S.2d 990, 591 N.E.2d 1176). The unsworn medical report that plaintiff submitted in opposition to the motions and the affirmation from the same doctor that he belatedly submitted in a sur-reply, assuming their competence (but see, Grasso v. Angerami, 79 N.Y.2d 813, 580 N.Y.S.2d 178, 588 N.E.2d 76), do not indicate whether any objective tests were performed confirming plaintiff's complaints of pain, the severity of the limitations of motion found upon examination, the time and number of examinations performed prior to that described in the doctor's affirmation which was conducted during the pendency of the motions four and a half years after the accident, the medical treatment rendered since the accident, and are otherwise insufficient to raise an issue of fact as to whether plaintiff sustained a serious injury (compare, Gaddy v. Eyler, supra, with Lopez v. Senatore, 65 N.Y.2d 1017, 494 N.Y.S.2d 101, 484 N.E.2d 130; see, Licari v. Elliott, 57 N.Y.2d 230, 236, 455 N.Y.S.2d 570, 441 N.E.2d 1088; Komar v. Showers, 227 A.D.2d 135, 641 N.Y.S.2d 643).
We note again our disapproval of motions being decided without any explanation or reasons being given.
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Decided: December 13, 2001
Court: Supreme Court, Appellate Division, First Department, New York.
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