Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.
In support of his motion for summary judgment dismissing the complaint, the defendant failed to make a prima facie 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. The defendant never addressed the claim, clearly set forth in the plaintiff...
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