Ordered that the order is affirmed, with costs.
We agree with the defendant's contention that the plaintiff failed to establish a prima facie case that he sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The affidavit of the plaintiff's treating physician, dated over two years after the accident, indicates that the plaintiff suffered a 10% limitation in the range of motion of his neck as a result of injuries sustained in the instant...
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