Ordered that the order is affirmed, with costs.
The Supreme Court found that the plaintiff's medical evidence sufficiently raised a triable issue of fact as to whether she suffered a serious injury within the meaning of Insurance Law § 5102 (d). The medical report of the plaintiff's treating orthopedist rendered five months after the accident and after an intensive course of physiotherapy revealed that she exhibited "tenderness" and "spasm", "restricted flexion...
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