Ordered that the order is modified, on the law, by deleting the provision thereof which, upon reargument, denied that branch of the defendant's motion which was for summary judgment dismissing the complaint pursuant to Insurance Law § 5102 (d) to the extent that the injured plaintiff was allowed to establish that she had sustained a serious injury within the meaning of Insurance Law § 5102 based on her having been unable to perform substantially all of the material...
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