Ordered that the order is affirmed, with costs.
The affirmed report of an orthopedist, Dr. Leon Sultan, which the defendant Marvin Stein submitted in support of his motion, made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to the existence of a serious...
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