Serious Injury Threshold Motion Does Not Necessarily Require Doctor’s Affirmation.
In Feggins v. Fagard, 52 AD 3d 1221 (4th Dept. 2008) the Court held that in response to a threshold motion plaintiff may rely on unsworn reports and uncertified medical records submitted by defendants or simply referenced in the submitted reports of defendant’s examining physicians.
As a practicing personal injury attorney in Buffalo, I would ague that this eliminates the need to obtain an affirmation or affidavit from plaintiff’s medical prroviders. I would still obtain a doctor’s affirmation or chiropractic affidavit in response to the motion. However, in the right case, relying on simply the meds supplied by opposing counsel where they obviously present issues of fact may be the proper path to follow. Please contact my office if you need assistance representing clients with such matters.