Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.
The Supreme Court erred in granting the respondent's motion. A defendant's motion for summary judgment based on the plaintiff's failure to establish "serious injury" within the meaning of Insurance Law § 5102 (d) must be supported by admissible evidence. The unsworn reports of the respondent's own medical experts submitted in support of his motion were not...
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