Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendant Stephan Doukhnych for summary judgment dismissing the, complaint insofar as asserted against him on the ground that the plaintiff John Donadio did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is granted.
In support of his cross motion, the defendant Stephan Doukhnych met his prima facie burden of showing that...
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