Ordered that the appeal from the order entered April 15, 2008, is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the plaintiff's motion for summary judgment on the issue of serious injury to his right knee is denied, the order dated January 4, 2007, is modified accordingly, the order entered April 15, 2008, is vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages; and it is...
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