Order unanimously reversed, on the law, without costs, and motion granted.
Memorandum:
Defendant's motion for summary judgment based on her claim that plaintiff did not sustain a "serious injury" as defined in Insurance Law § 5102 (d) was erroneously denied by Special Term. Defendant submitted an affidavit of an orthopedic surgeon, together with copies of reports of two examinations which he conducted of plaintiff. They demonstrated that although plaintiff...
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