Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' cross motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, and substituting therefor a provision denying that cross motion; as so modified, the order is affirmed, with costs payable to the plaintiff, and the matter...
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