Ordered that the order is affirmed, with costs.
The defendants were granted summary judgment on the ground that the plaintiff had failed to show that he had sustained a "serious injury" pursuant to Insurance Law § 5102 (d). The court has the duty in the first instance to decide whether a plaintiff has established a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliott,
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