It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the cross motion seeking a determination that the negligence of defendant Thomas M. Boyce was the sole proximate cause of plaintiff's injuries and vacating the determination that plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) and as modified the order is affirmed without costs.
Memorandum:...
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