BEST v. SINHE


295 A.D.2d 106 (2002)

742 N.Y.S.2d 818

ROBERT BEST, Respondent, v. JIMMY SINHE et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 4, 2002.


No issue is presented as to the reasonableness of the explanation offered by plaintiff for his default in opposing appellants' summary judgment motion. Accordingly, since plaintiff on his present motion also demonstrated the existence of triable issues as to whether he sustained a serious personal injury within the meaning of Insurance Law § 5102 (d), the motion court properly vacated his default. The physician's affirmation submitted in support of plaintiff's motion...

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