In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Loughlin, J.), dated October 22, 2003, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
Contrary to the determination of the Supreme Court, the...
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