Ordered that the order is affirmed, with costs.
Contrary to the defendants' contention, the Supreme Court properly denied their motion to dismiss the complaint upon the ground that the plaintiff Petra Torres did not sustain a "serious injury" as defined by Insurance Law § 5102 (d). In support of their motion for summary judgment, the defendants relied primarily upon the unsworn reports of the injured plaintiff's treating orthopedist, and the results of a magnetic...
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