Ordered that the cross appeal is dismissed on the ground that Eduardo Console is not aggrieved by the order (see CPLR 5511); and it is further,
Ordered that the order is reversed, on the law, those branches of the motion and the cross motions which were for summary judgment dismissing the complaint on the ground that the plaintiff Stephen Beyel did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) are denied, the complaint is...
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