Opinion
862.
April 17, 2003.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 22, 2002, which denied as untimely defendant Matos Faustos's motion for summary judgment dismissing the complaint on the ground that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.
Richard I. Ginsberg, for plaintiff-respondent.
Michael I. Josephs, for defendant-appellant.
Before: ANDRIAS, J.P., SAXE, LERNER, FRIEDMAN, MARLOW, JJ.
Defendant Faustos's summary judgment motion was properly denied since the motion was not made within 120 days of the filing of plaintiff's note of issue and defendant offered no explanation for his delay (Borelli v. Gegaj, 248 A.D.2d 299).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.