The motion court properly denied plaintiff's motion for partial summary judgment on the issue of liability since there was a triable issue as to whether plaintiff, who had a preexisting cervical spine condition and who allegedly suffered a herniated disc when he was struck by a vehicle owned by defendant Moran and driven by defendant Vargas, sustained "serious injury" within the meaning of Insurance Law § 5102 (d) by reason of the complained of accident (see, Noble...
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