Washington v. Mendoza

In Washington v. Mendoza (57 AD3d 972 [2008]), the Second Department held that the plaintiff failed to raise a triable issue of fact with the "reports or records" of the treating physician or the annexed "reports or records" of other doctors: "The so-called 'Certification' from the plaintiff's treating physician . . . was insufficient to affirm the contents of any of the reports or records that were annexed thereto, including his own reports. Thus, the reports or records of [other doctors] were without any probative value since they were unaffirmed or unsworn."