Dalmasi v Corporan Corp.

[*1] Dalmasi v Corporan Corp. 2008 NY Slip Op 50311(U) [18 Misc 3d 138(A)] Decided on February 22, 2008 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570813/07.

Salvador Dalmasi, Plaintiff-Respondent,

against

Corporan Corporation, Raul Caridad, Defendants-Appellants, -and- Orville Cuffy, Defendant.

Defendants Corporan Corp. and Raul Caridad appeal from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), dated August 9, 2007, which denied their motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Julia I. Rodriguez, J.), dated August 9, 2007, reversed, without costs, motion granted and complaint dismissed as against defendants Corporan Corp. and Raul Caridad. The Clerk is directed to enter judgment accordingly.

The reports submitted by plaintiff's physician, affirmed to be "true and accurate to the best of [the physician's] knowledge," were not in compliance with CPLR 2106, which requires a physician's statement to be "affirmed ... to be true under the penalties of perjury" (see Offman v Singh, 27 AD3d 284 [2006]). Inasmuch as the reports were not in admissible form and since plaintiff otherwise failed to satisfy his evidentiary burden of submitting proof of a serious injury causally related to the accident, the action should have been dismissed as to the moving defendants.

This Constitutes the Decision and Order of the Court. [*2]
Decision Date: February 22, 2008