Order unanimously reversed on the law without costs and motion granted.
Memorandum:
To be entitled to maintain an action under the Comprehensive Motor Vehicle Insurance Reparations Act, a plaintiff must demonstrate that he or she has sustained a serious injury, defined in section 5102 (d) of the Insurance Law as follows: "`Serious injury' means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus;...
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