Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The defendant failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In support of his motion for summary judgment, the defendant submitted, inter alia, the plaintiff's verified bill of particulars which alleged that he did not return to work as a dump truck operator...
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