Appeal from order entered October 5, 2006, insofar as the order adhered to the prior determination, dismissed as academic.
In this action to recover for personal injuries which plaintiff allegedly sustained in a motor vehicle accident on March 9, 2003, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). By order entered May 15, 2006, the court below granted...
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