Ordered that the order is affirmed, with costs.
The plaintiff contends that the Supreme Court erred in granting the defendant's motion for summary judgment on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) because this issue was necessarily decided in a prior order of the same court which granted his motion for partial summary judgment on the issue of liability. Since this argument is improperly advanced for...
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