HOWARD G. LANE, Judge.
Upon the foregoing papers it is ordered that defendant's motion for summary judgment dismissing the complaint of plaintiff, Dominika E. Bajuk, pursuant to CPLR 3212, on the ground that plaintiff has not sustained a serious injury within the meaning of the Insurance Law § 5102(d)is decided as follows:
This action arises out of an automobile accident that occurred on August 20, 2008. Defendant has submitted proof in admissible form...
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