Defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that Auslander did not sustain a serious injury causally related to the accident. Defendants submitted, inter alia, the emergency room report, CT scans and the reports of a neurologist, a plastic surgeon and an otolaryngologist, all of who examined Auslander and found that she did not sustain a serious injury within the purview of Insurance Law § 5102 (d).
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