Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, that branch of the motion of the defendant Patrick Eivers which was for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff Maryann Asta did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied, the motion of the defendant Brian Games is denied, and the complaint is reinstated.
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