Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
The trial court erred in refusing the plaintiff's request to submit to the jury the question of whether the plaintiff sustained a permanent loss of use of a body organ, member, function, or system (see, Insurance Law § 5102 [d]). Failure to properly allow the jury to pass upon that issue was error, since sufficient proof was elicited at trial to...
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