Ordered that the order is affirmed, with costs.
The affirmation submitted by Dr. Michael V. Marrone made out a prima facie case (see, CPLR 3212 [b]) that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). The evidence submitted by the plaintiff in opposition to the motion, consisting of, among other documents, his affidavit and the affirmation prepared by his treating physician, Dr. Jeffrey Gross, failed to raise a triable...
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