PER CURIAM.
In this action arising out of a motor vehicle accident that occurred in Rhode Island, defendant's second affirmative defense, purporting to invoke New York's no-fault statute to bar plaintiff's recovery of personal injury damages, should have been dismissed. The plain language of Insurance Law § 5104(a) makes clear that the serious injury threshold requirement (see Insurance Law § 5102[d]) applies solely to personal injury actions "arising...
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