In an action to recover damages for personal injuries, the defendant Helms Bros, Inc. appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (McDonald, J.), entered December 27, 2012, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it on the issue of liability and on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result...
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