Bobi v. Soulanzos

Order, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about July 26, 2002, which granted defendant’s motion for summary judgment dismissing the complaint for failure to establish a serious injury as defined by Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated and the matter remanded for further proceedings.

Although the court properly exercised its discretion, under the circumstances, in entertaining defendant’s untimely motion for summary judgment (CPLR 3212 [a]; see Cruz v City of New York, 292 AD2d 209…