Ordered that the order dated October 1, 2007 is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the determination in the order dated May 9, 2007, granting the motion of the defendants for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), is adhered to.
On their motion for summary judgment, the defendants established, prima...
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