Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered January 31, 2007, which denied his motion for summary judgment dismissing the complaint.

Per Curiam.
Order (Nelida Malave-Gonzalez, J.), entered January 31, 2007, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

The medical affirmations and report submitted in support of defendant's motion for summary judgment were sufficient to sustain his initial burden of establishing that plaintiff did not meet the "serious injury" threshold (Insurance Law §5102[d]). Defendant permissibly relied upon the unsworn report of plaintiff's treating doctor, who found that plaintiff's injuries had resolved within two months of the vehicular accident (see Newton v Drayton, 305 AD2d 303 [2003]; McNair v Ofori, 198 AD2d 47 [1993]). Plaintiff, in opposition, submitted various unsworn reports and records, which may be considered only to the extent relied upon by defendant's experts (see Hernandez v Almanzar, 32 AD3d 360 [2006]; compare Engles v Claude, 39 AD3d 357 [2007]). In any event, the documents relied upon by plaintiff, viewed individually or collectively, failed to demonstrate that the nature or severity of the injuries sustained by plaintiff met the serious injury threshold (see Ali v Korostelev, 35 AD3d 295 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 13, 2007