Mugglin, J.
As a result of a motor vehicle accident, plaintiff Robert H. Markel (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging that plaintiff sustained a serious injury as defined in two categories of Insurance Law § 5102 (d), namely, permanent loss of a use of a body organ, member, function or system and a medically determined injury or impairment that prevented him from performing substantially all of his usual and customary...
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