Gordon v. Faustos

Appellate Division of the Supreme Court of New York

Gordon v. Faustos

304 A.D.2d 429, 757 N.Y.S.2d 435, 2003 N.Y. App. Div. LEXIS 4194

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 17, 2003

StatusPublished

This text of 304 A.D.2d 429 (Gordon v. Faustos) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gordon v. Faustos, 304 A.D.2d 429, 757 N.Y.S.2d 435, 2003 N.Y. App. Div. LEXIS 4194 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 22, 2002, which denied as untimely defendant Matos Faustos’s motion for summary judgment dismissing the complaint on the ground that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant Faustos’s summary judgment motion was properly denied since the motion was not made within 120 days of the filing of plaintiffs note of issue and defendant offered no explanation for his delay (Borelli v Gegaj, 248 AD2d 299 [1998]). Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

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Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 22, 2002, which denied as untimely defendant Matos Faustos’s motion for summary judgment dismissing the complaint on the ground that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant Faustos’s summary judgment motion was properly denied since the motion was not made within 120 days of the filing of plaintiffs note of issue and defendant offered no explanation for his delay (Borelli v Gegaj, 248 AD2d 299 [1998]). Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

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304 A.D.2d 429, 757 N.Y.S.2d 435, 2003 N.Y. App. Div. LEXIS 4194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-faustos-nyappdiv-2003.

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