Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was, in effect, pursuant to CPLR 3211 (b) to dismiss the sixth affirmative defense alleging the lack of a serious injury within the meaning of Insurance Law § 5102 (d) is granted.
The Supreme Court should have granted that branch of the plaintiff's motion which was, in effect, pursuant to CPLR 3211 (b) to dismiss the sixth affirmative...
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