Order unanimously reversed, with costs, and motion granted.
Memorandum:
Plaintiff seeks to recover noneconomic loss arising from an automobile accident which occurred on May 13, 1979. In his bill of particulars plaintiff alleged that he suffered a fracture of his left ankle which qualified as a "serious injury" under subdivision 4 of section 671 of the Insurance Law. In their motion for summary judgment defendants submitted the supporting affidavit of their...
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