The record reflects that several exhibits referenced in the affidavit opposing defendant's motion for summary judgment on the issue of "serious injury" (Insurance Law § 5102 [d]) were omitted from the submission. Given plaintiffs' reasonable excuse of law office failure for this inadvertent omission and the absence of a showing of prejudice to defendant, plaintiffs' motion to renew based on submission of these exhibits should have been granted (Telep v Republic El...
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