Ordered that the order is reversed insofar as appealed from, on the law, with costs, in effect, upon reargument, the order dated May 13, 2005 is vacated, and the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Yury Spektor did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) is denied.
Upon granting, in effect, reargument, the Supreme Court erred in adhering to its prior determination...
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