John v. Bastien

OPINION OF THE COURT

Rolando T. Acosta, J.

Defendant moves for an order granting summary judgment in his favor upon the ground that plaintiff, a bicyclist who was allegedly hit by defendant’s car, did not sustain a “serious injury” as a result of the accident, as required by Insurance *665Law § 5102. Because defendant’s motion for summary judgment was not timely filed, the motion requires the court to consider, as a preliminary matter, the scope of its discretion, conferred by the 1996 amendment to CPLR 3212 (a), to decide the merits of a belated summary judgment motion upon a showing of “good…