It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion for summary judgment dismissing the complaint insofar as the complaint alleges that plaintiff sustained a serious injury under the 90/180-day category of serious injury within the meaning of Insurance Law § 5102 (d) and dismissing the complaint to that additional extent and as modified the order is affirmed without costs.
Memorandum: Plaintiff...
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