Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motions 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) and substituting therefor a provision denying the cross motions; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff failed to make a prima...
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