Ordered that the order is reversed insofar as appealed from, with costs, the motions are denied, and the complaint is reinstated.
There exists a triable issue of fact as to whether the plaintiff sustained a "serious injury" within the meaning of Insurance law § 5102 (d). After the defendants made out a prima facie case for summary judgment, the treating physician submitted an affirmation in opposition to the defendants' motions for summary judgment which specifically...
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