Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed insofar as it is against the defendant Dale Kasten.
The appellant met his initial burden of demonstrating that the plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d). Once a defendant submits evidence demonstrating the lack of "serious injury", the burden shifts to the plaintiff...
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