Cassese v. Leister

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered December 29, 2000, which, insofar as appealed from, denied plaintiff-appellant’s motion to vacate a prior order dismissing the complaint as to him upon his default in opposing a motion to dismiss the complaint as to him on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Although appellant testified at deposition that he was unable to work for some five months following the accident and that he had back surgery during that time, he…