WILLIAM R. LaMARCA, Judge.
Defendant, EDWARD H. CELONA, moves for an order, pursuant to CPLR §3212 and Insurance Law §5102 and §5104, granting summary judgment dismissing the action on the ground that plaintiff, CARLOS A. BARRIGA, JR., has not sustained a "serious injury" as defined by Insurance Law §5102(d). Counsel for plaintiff opposes the motion, which is determined as follows:
Plaintiff commenced this action for injuries allegedly...
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