Baldessari v. Caines

In an action to recover damages for personal injuries, the plaintiff appeals (1), as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), dated *905June 26, 2007, as denied that branch of her cross motion which was to deny the defendants’ motion for summary judgment as untimely, and (2) from an order of the same court entered January 10, 2008, which granted the defendants’ 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).

Ordered that the…