Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Mark Kardas for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied.
Contrary to the Supreme Court's determination, the defendant Mark Kardas (hereinafter the respondent) failed to meet his prima facie...
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