Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed as against the appellants.
The appellants contend that the plaintiffs failed, as a matter of law, to prove that the infant plaintiff suffered a "serious injury" within the meaning of Insurance Law § 5102 (d). We agree.
It is for the court to determine in the first instance whether a prima facie showing of "serious injury" has been made out...
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