Order unanimously reversed on the law without costs, motion denied and complaint reinstated.
Memorandum:
Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury as defined in Insurance Law § 5102 (d). In opposition to the motion, plaintiff raised a question of fact whether he sustained a fractured sternum in the automobile accident (cf., Eisen v Walter...
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