Ordered that the appeal by the plaintiff William Albury is dismissed on the ground that he is not aggrieved by the portion of the judgment appealed from (see CPLR 5511); and it is further,
Ordered that the judgment is affirmed insofar as appealed from by the plaintiff Darlene Albury, with costs.
The trial court did not err in declining to charge the jury on the permanent loss of use category of Insurance Law § 5102 (d). In order to qualify as a...
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