Defendant met his initial burden of proof of establishing that plaintiff's injuries were not, as a matter of law, serious within the meaning of Insurance Law § 5102 (d). Defendant submitted the report of an orthopedic surgeon who determined that plaintiff had a normal range of motion in the cervical and lumbar spine. Defendant also demonstrated that plaintiff's injuries were not causally related to the accident through the report of a radiologist, who opined that the...
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