Ordered that the order dated June 23, 1997, is reversed insofar as appealed from, on the law, with costs, the judgment entered May 29, 1997, and the order dated March 24, 1997, are vacated, the defendant's motion is denied, and the complaint is reinstated.
Once the defendant submitted evidence demonstrating that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), the burden shifted to the plaintiff to produce evidentiary...
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