Opinion
No. 2006-09667.
October 30, 2007.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), dated January 27, 2006, which denied his motion for leave to renew his opposition to the defendants' prior motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), which had been granted in an order of the same court dated August 5, 2005.
Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for appellant.
Carfora, Klar, Gallo, Vitucci, Pinter Cogan, New York, N.Y. (Yolanda L. Ayala and Matthew J. Vitucci of counsel), for respondents.
FRED T. SANTUCCI, J.P. GLORIA GOLDSTEIN MARK C. DILLON DANIEL D. ANGIOLILLO, JJ.
Before: J.P., Goldstein, Dillon and Angiolillo, JJ.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiffs motion for leave to renew ( see CPLR 2221 [e]).