Order unanimously reversed, without costs, motion granted and complaint dismissed.
Memorandum:
In this personal injury action arising from an automobile accident, defendant appeals from a denial of his motion to dismiss the complaint (CPLR 3211, subd [a]) and for summary judgment (CPLR 3212). The issue on appeal concerns whether the plaintiff suffered a "serious injury" as defined in subdivision 4 of section 671 of the Insurance Law, thus permitting her a...
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