Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant established a prima facie case that the plaintiff Paul Kupka (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject automobile accident on April 12, 1999. The defendant provided evidence that the plaintiff previously had injured his lumbar spine in an accident...
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