Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.
Contrary to the Supreme Court's determination, the defendant met his prima facie burden on his motion for summary judgment by establishing 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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