Mikoll, J.
Plaintiff Brenda Rath (hereinafter plaintiff) was injured when the vehicle she was driving, owned by her husband, was rear-ended by a car driven by defendant. Plaintiffs sued alleging negligent operation of an automobile by defendant and serious injury pursuant to Insurance Law § 5102 (d). Thereafter, defendant moved for summary judgment dismissing the complaint and plaintiffs cross-moved to amend their bill of particulars and for summary judgment...
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