The appeal from the earlier order is dismissed, as the court did not render a decision based on a complete record. The subsequent order, which in effect adhered to the prior determination, was based on a complete record.
Defendants satisfied their burden of establishing prima facie entitlement to summary judgment, on the ground that there was no "serious injury" under Insurance Law § 5102 (d), by submitting Dr. Epstein's sufficiently detailed affidavit in which...
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