Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was for summary judgment dismissing so much of the plaintiff's complaint as alleged a serious injury under the fracture category of Insurance Law § 5102 (d), and substituting therefor a provision denying that branch of the defendant's motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff....
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