Farrington v. Heidkamp

In an action, inter alia, to recover damages for personal injuries, the defendant Thomas J. Brennan appeals from an order of the Supreme Court, Westchester County *460(Nastasi, J.), entered April 6, 2005, which denied, as untimely, his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a determination of the motion on the…