Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.
The defendant made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) through the submission of the plaintiff's deposition testimony, the records of the plaintiff's treating physicians, and the affirmed medical reports of the defendant's examining...
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