• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Skelos, J.P.; Chambers, Sgroi and Hinds-Radix, JJ.
TERRELL AMBROSE, res, v. PALMO BUS CORP., ET AL., ap — (INDEX NO. 3905/09)In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Martin, J.), dated December 22, 2011, which granted the plaintiff's motion pursuant to CPLR 5015(a)(1) to vacate a prior order of the same court dated January 28, 2011, granting their unopposed 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) as a result of the subject accident, and thereupon, vacated the prior order and denied their 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) as a result of the subject accident.