Huerta v. Longo

In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated May 15, 2008, as granted that branch of the defendants’ motion which was for leave to make a late motion for summary judgment and, thereupon, granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Joseph O. Huerta on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a…