Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment dismissing the complaint insofar as asserted on behalf of the plaintiff Beverly Guerrero on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar...
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