Ordered that the order is reversed, on the law, with costs, the cross motion is granted, the motion is denied as academic, and the complaint is dismissed.
The Supreme Court erred in denying the defendant's cross motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affirmed medical reports of the physicians who examined the plaintiff on behalf...
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