Memorandum: In appeal No. 1, plaintiff appeals and defendant cross-appeals from an order granting that part of plaintiff's motion seeking partial summary judgment on the issue of negligence and granting defendant's cross motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In appeal No. 2, plaintiff appeals from an order granting his motion for leave to reargue...
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