Majority
In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated May 15, 2008, as granted that branch of the defendants’ motion which was for leave to make a late motion for summary judgment and, thereupon, granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Joseph O. Huerta on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.
Ordered that the appeal by the plaintiff Rosalba Rojas is dismissed, as that plaintiff is not aggrieved by the portions of the order appealed from (see CPLR 5511); and it is further,
Ordered that the order is affirmed insofar as appealed from by the plaintiff Joseph O. Huerta; and it is further,
Ordered that one bill of costs is awarded to the defendants.
The defendants demonstrated good cause for their delay in making a motion for summary judgment, and the Supreme
Cases cited
- Miceli v. State Farm Mutual Automobile Insurance 3 NY3d 725 at 726-727 p. 685
- Kunz v. Gleeson 9 AD3d 480 at 481 p. 685
- Toure v. Avis Rent A Car Systems, Inc. 98 NY2d 345 p. 685