Ordered that the order is reversed, on the law, with costs, the defendant's cross motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is granted, and the plaintiff's motion for summary judgment on the issue of liability is denied as academic.
In support of his cross motion, the defendant met his prima facie burden of showing that the plaintiff did...
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