Defendant met his prima facie burden of showing that plaintiff's claims of pain and headaches did not constitute a serious injury causally related to the 2009 motor vehicle accident. Plaintiff's treating physician's unaffirmed opinion that the accident exacerbated the chronic conditions was insufficient.
To the extent plaintiff's claimed new injury of occipital headaches could constitute a serious injury within the meaning of Insurance Law § 5102 (d), plaintiff...
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