It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiffs appeal from an order denying their motion to set aside the jury verdict finding that Andrew J. Pawelek (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) when the vehicle he was driving was rear-ended by a vehicle driven by defendant. A different supreme court justice previously...
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