ILKHANIZADEH v. (and a third-party action). (1999)

In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Feuerstein, J.), entered November 25, 1997, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the injured plaintiffs had not suffered a serious injury within the meaning of Insurance Law § 5102(d).

ORDERED that the order is affirmed, with costs.

The Supreme Court, Nassau County, properly granted the defendant's motion for summary judgment dismissing the complaint.   In support of his motion, the defendant established a prima facie case that neither of the injured plaintiffs had suffered a serious injury within the meaning of Insurance Law § 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955, 582 N.Y.S.2d 990, 591 N.E.2d 1176).   To the extent that the plaintiffs argue that the reports of the defendant's examining physician were not submitted in admissible form, the argument is without merit.   In each affirmation, the defendant's examining physician made his accompanying report and its findings a part of his affirmation.   This was sufficient to render his reports admissible (see, Becker v. Coiro, 222 A.D.2d 543, 545, 634 N.Y.S.2d 770 [physician's report incorporated by reference into his affidavit was considered on summary judgment motion] ).   Because the plaintiffs failed to offer any evidence in opposition to the defendant's motion, they did not raise a triable question of fact on the issue.

MEMORANDUM BY THE COURT.