The court providently exercised its discretion in granting reargument, since the court, in its prior order, appeared to have overlooked most of plaintiffs' evidence (see CPLR 2211 [d] [2]). Upon reargument, the court properly denied defendant's motion, as issues of fact exist as to plaintiffs' 90/180-day claim. While defendant met its initial burden as movant, plaintiffs provided credible evidence that the injured plaintiff suffered a medically-determined injury that...
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