Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court erred in granting the defendants' motion for summary judgment dismissing the complaint. A magnetic resonance imaging (hereinafter MRI) of the plaintiff's lumbar spine, taken in March 2000, showed a central disc herniation at the L5-S1 level, which impinged on the thecal sac. A disc herniation may constitute a serious injury within the...
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