Albany New York Defense Law Firm: O'Connor, O'Connor, Bresee & First, P.C.

In Caulkins v. Vicinanzo et al., 2010 N.Y. Slip. Op. 10727 (3d Dept. March 4, 2010), plaintiff brought a malpractice action against chiropractors alleging that they caused her to suffer severe spinal cord injury requiring surgical intervention. Defendants moved for summary judgment dismissing the complaint. In response, plaintiff put forth a sworn affidavit from a chiropractor, who had relied on unsworn MRI reports.  The Third Department acknowledged that “[u]ncertified medical records and unsworn letter or reports are of no probative valueâ€� in opposing a summary judgment motion.  However, in holding that the affidavit could rely on unsworn documents, the Court relied on the Court of Appeals decision in Pommells v. Perez, 4 N.Y..3d 566, 577 n. 5 (1995), which stated: “Though the MRI reports were unsworn, the various medical opinions relying on those MRI reports are sworn and thus competent evidence.”

 

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