OPINION OF THE COURT
FEUERSTEIN, J.
On this appeal we address the issue of whether the granting of a motion for summary judgment on the issue of liability automatically includes a determination that the plaintiff has sustained a serious injury within the definition of Insurance Law § 5102 (d), even if the issue of serious injury was not raised. For the reasons that follow, we conclude that it does not.
I
On May 15, 1998, a vehicle...
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