In Perez v. Rodriguez, 25 AD3d 506, 809 N.Y.S.2d 15 (1st Dept 2006), the court granted defendant summary judgment after finding that plaintiff failed to present objective medical evidence contemporaneous with the accident.

The court held that even though plaintiff presented evidence of injury, said evidence, a medical examination performed years after the accident, was insufficient to establish a serious injury, where the doctor had not previously examined the plaintiff and relied on unsworn medical reports of evidencing prior treatment. Id.