Soto v NYRAC, Inc.
2007 NY Slip Op 08212 [44 AD3d 1029]
October 30, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


Francisco Soto, Appellant,
v
NYRAC, Inc., et al., Respondents.

[*1] Mallilo & Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for appellant.

Carfora, Klar, Gallo, Vitucci, Pinter & Cogan, New York, N.Y. (Yolanda L. Ayala and Matthew J. Vitucci of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), dated January 27, 2006, which denied his motion for leave to renew his opposition to the defendants' prior motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), which had been granted in an order of the same court dated August 5, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to renew (see CPLR 2221 [e]). Santucci, J.P., Goldstein, Dillon and Angiolillo, JJ., concur.