LaFalce v. Alexandrov

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated January 31, 2001, which, upon the grant of the plaintiffs motion, inter alia, to vacate an order of the same court dated November 8, 2000, granting the defendant’s unopposed motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), denied that motion.

Ordered that the order is affirmed, with costs.

On a motion to vacate a default pursuant…