Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Lizbeth Gonz�lez, J.), entered April 2, 2007, which granted defendant's motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Lizbeth Gonz�lez, J.), entered April 2, 2007, affirmed, with $10 costs.

Defendant met his initial burden of establishing prima facie that plaintiff did not suffer serious injury within the meaning of Insurance Law � 5102(d), by submitting the affirmed reports of doctors who found plaintiff without disability or loss of function, and a radiologist who reviewed MRI films and observed no evidence of bulging discs or any traumatic injury. Defendant also relied on plaintiff's own deposition testimony to demonstrate a lack of serious injury (see Becerril v Sol Cab Corp., 50 AD3d 261 [2008]; Uddin v Cooper, 32 AD3d 270 [2006]). Plaintiff failed to meet his consequent burden to raise a question of fact on the threshold serious injury issue. The medical reports relied upon by plaintiff were either unsworn or failed to compare findings of restriction at the time of the motor vehicle accident to a recent examination, and did not substantiate plaintiff's claimed course of treatment (see Lloyd v Green, 45 AD3d 373 [2007]; Thompson v Abbasi, 15 AD3d 95 [2005]; Medina-Santiago v Nojovits, 5 AD3d 253 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 29, 2008