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 in part, dismissing the claim under the significant disfigurement category of serious injury within the meaning of Insurance Law § 5102 (d), denying the cross motion in part and vacating the determinations that defendant's negligence was the sole proximate cause of plaintiff's injuries and that plaintiff sustained a serious injury under...
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