Ordered that the judgment is reversed, on the law, with costs, upon reargument and renewal, the order dated June 18, 2008, is vacated, and the defendants' motion for summary judgment dismissing the complaint is denied, and the order dated November 24, 2008, is modified accordingly.
While the defendants met their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject...
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