Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant to the third-party defendant.
The third-party defendant, Carmine Iovino, met his prima facie burden of showing 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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