Ordered that the order is affirmed, with costs.
The defendant moved for summary judgment on the ground that the plaintiff had not sustained a serious injury within the meaning of Insurance Law former § 671 (4) (now § 5102 [d]). The plaintiff's papers submitted in opposition to the motion, including an affidavit of his treating physician, indicating a limitation of his back movement to 70% of normal, were sufficient to raise a triable issue of fact and defeat...
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