It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendants Thomas C. Dunn and Elizabeth Dunn in part and dismissing the claim of serious injury under the significant limitation of use of a body function or system category under Insurance Law § 5102 (d) against them and as modified the order is affirmed without costs.
Memorandum:
Although Supreme Court properly denied...
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