Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn, NY ( Robert D. Grace of counsel), for respondents.
Mastro, J.P., Chambers, Iannacci and Christopher, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' 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 motion; as so modified, the order is affirmed, with costs to the...
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