Ordered that the order as amended is modified, on the law, (1) by deleting the provision thereof granting the plaintiff's cross motion and substituting therefor a provision denying the cross motion, and (2) by deleting the provision thereof denying that branch of the appellant's motion which was to dismiss the plaintiff's first cause of action for conscious pain and suffering and substituting therefor a provision granting that branch of the motion; as so modified, the order...
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