Ordered that the order is affirmed, with costs.
Although we affirm the Supreme Court's order we do so on grounds other than those relied upon by the Supreme Court. The Supreme Court properly determined that the defendant met her prima facie burden, via her submissions, of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys.,
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