Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, the branch of the motion which was for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a determination of the remaining branch of the defendants' motion.
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