In Pommells v. Perez (4 NY3d 566, 797 NYS2d 380 [2005] a plaintiff's treating doctor, in a sworn statement, noted that an MRI of the plaintiff's spine taken by another doctor and "made part of the record" revealed one herniated and three bulging discs (see id. at 577). The Court held that "Though the MRI reports were unsworn, the various medical opinions relying on those MRI reports are sworn and thus competent evidence." (See id. n 5.) The Court of Appeals held that where there was persuasive evidence that the plaintiff's alleged pain and injuries were related to a preexisting degenerative condition, the "plaintiff had the burden of coming forward with evidence addressing the defendants claimed lack of causation. In the absence of any such evidence, the defendants are entitled to summary dismissal of the complaint".