OPINION OF THE COURT
Per Curiam.
Order, dated September 27, 2007, modified to deny defendant's motion for summary judgment on the merits, and as modified, affirmed, with $10 costs.
Plaintiff commenced this action in April 2006 to recover for personal injuries allegedly sustained in a March 2005 vehicular accident. In November 2006, prior to any discovery, plaintiff filed a notice of trial. Defendant...
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