Ordered that the judgment dated January 4, 1983 is reversed, the interlocutory judgment entered April 9, 1984 and the judgment entered November 19, 1984 are vacated, and the matter is remitted to the Supreme Court, Orange County, for a new trial on the issue of whether the plaintiff sustained a "serious injury" under Insurance Law § 5102 (d), with costs to abide the event. The findings of fact as to damages are affirmed.
Upon reconsideration of the facts with...
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