Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's motion for summary judgment, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with costs to the plaintiff.
The Supreme Court improperly granted the defendant's motion for summary judgment on the issue of whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). The defendant...
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