Ordered that the order is affirmed insofar as appealed from, with costs.
While we affirm the order appealed from, we do so on a ground different from that relied upon by the Supreme Court. The Supreme Court erred in concluding that the defendant met its prima facie burden of showing that the plaintiff Louis Herzberg (hereinafter the injured plaintiff), who allegedly sustained injuries to, inter alia, his temporomandibular joints (hereinafter TMJs) as a result of the...
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