Appeal by plaintiffs from an order of the Civil Court, Kings County (D. Silber, J.), entered June 4, 2003, which granted defendant's motion for summary judgment.

Order unanimously affirmed without costs.

The medical evidence submitted by defendant in support of his motion for summary judgment made out a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), thereby shifting the burden to the plaintiffs to raise a triable issue of fact with respect to whether the injured plaintiff sustained a serious injury (see Gaddy v Eyler, 79 NY2d 955 [1992]).

The plaintiffs' opposition failed to raise a triable issue of fact. The affirmation of the injured plaintiff's doctor prepared seven years after the accident improperly relied upon unsworn medical reports prepared by other physicians (Philippe v Ivory, 297 AD2d 666 [2002]) which were not even included in their papers.
Decision Date: October 27, 2004