Ordered that the judgment is affirmed, with one bill of costs.
The plaintiff commenced this action to recover damages for injuries alleged to have been sustained in an automobile accident in January 1980. The action proceeded to a jury trial and the Supreme Court dismissed the complaint upon the ground that the plaintiff had failed, as a matter of law, to prove that he had suffered a serious injury within the meaning of Insurance Law § 5102 (d). This appeal ensued...
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