Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint in Action No. 1 is dismissed.
The affirmed medical reports which the appellant submitted in support of her motion for summary judgment made out a prima facie case (see, CPLR 3212 [b]) that the plaintiff, Ricardo Berrios, did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The burden therefore shifted to Berrios to come forward...
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