Carpinello, J.
On May 7, 2004, plaintiff's car was rear-ended by defendant's car and thereafter plaintiff commenced this action to recover for her alleged injuries. Following a trial, a jury found that defendant's negligence was the sole cause of the accident, but that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Plaintiff's motion to set aside the verdict was denied and this appeal ensued.
Noting that defendant...
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