Slavin v. Associates Leasing, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Niazov v. Corlean Cab Corp. (Appellate Division of the Supreme Court of New York 2010)
- Cornelius v. Cintas Corp. (Appellate Division of the Supreme Court of New York 2008)
- Rodney v. Solntseu (Appellate Division of the Supreme Court of New York 2003)
- Sandt v. New York Racing Ass'n (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in denying the defendants’ motion for summary judgment dismissing the complaint. The defendants submitted evidence which established a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). All but one of the medical reports submitted by the plaintiffs in opposition to the motion were neither sworn to nor affirmed to be true under penalty of perjury and thus did not constitute competent evidence (see, CPLR 2106; Grasso v Angerami, 79 NY2d 813; Moore v Tappen, 242 AD2d 526; Mobley v Riportella, 241 AD2d 443; Attivissimo v Kugler, 226 AD2d 658). The remaining medical report merely contained “conclusory allegations tailored to meet statutory requirements” (Lopez v Senatore, 65 NY2d 1017, 1019; see, Perez v Velez, 253 AD2d 865; Stowe v Simmons, 253 AD2d 422; Medina v Zalmen Reis & Assocs., 239 AD2d 394; Marshall v Albano, 182 AD2d 614). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.