It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying defendant's motion in part and reinstating the complaint, as amplified by the bill of particulars, with respect to the significant limitation of use and permanent consequential limitation of use categories of serious injury within the meaning of Insurance Law § 5102(d) insofar as they relate to plaintiff's thoracic spine and as modified the order and judgment...
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