Ordered that the order is affirmed insofar as appealed from, with costs.
There is an issue of fact as to whether the plaintiff Carol A. McVey sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the accident giving rise to this action. In opposition to the defendant's motion for summary judgment, McVey submitted the affidavit of the chiropractor who treated her for the injuries that she sustained as a result of the accident...
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