It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Contrary to the contention of defendant, Supreme Court properly denied his motion seeking summary judgment dismissing the complaint, which was based on the allegation that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendant submitted only uncertified and unsworn medical records...
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