Unsworn Expert Report May Be Considered on Summary Judgment If Expert Ratifies Report in Deposition
Zorn v. Mount Sinai Medical Center, Inc., 2012 WL 4320575, at *2 (S.D.N.Y. 2012):
“Courts in this Circuit have uniformly held that unsworn expert reports do not satisfy the admissibility requirements of Fed.R.Civ.P. 56(e), and cannot be used to defeat a summary judgment motion.” Berk v. St. Vincent's Hosp. and Medical Center, 380 F.Supp.2d 334, 352 (S.D.N.Y.2005)2; see also Brazier v. Hasbro, No. 99 Civ. 11258(MBM), 2004 WL 1497607, at *2 (S.D.N.Y. July 6, 2004) (“The submission of unsworn letters is an inappropriate response to a summary judgment motion, and factual assertions made in such letters are properly disregarded by the court”). Unsworn letters and reports may be admissible only when the opinions expressed in such documents are reaffirmed by deposition testimony. See, e.g., Berk, 380 F.Supp.2d 352; Miller v. Astucci U.S. Ltd., No. 04 Civ. 2201(RMB), 2007 WL 102092, at *14(S.D.N.Y. Jan. 16, 2007).
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