Justice Mitchell Danziger
Patterson commenced this action arguing he sustained serious injuries resulting from a car accident caused by defendants’ alleged negligence. He was a passenger in the vehicle owned by Sampson and driven by Triggs, who moved for summary judgment arguing plaintiffs did not sustain serious injuries under Insurance Law §5102(d). Marin and Nicholas J LLC cross-moved joining the request for summary judgment on serious injury grounds, also seeking dismissal on liability. The court stated the branch requesting relief against non-moving plaintiff was not a proper form pursuant to a cross-motion. It stated while improper classification of such application would be excused, the application was also untimely, thus denied, as a cross-motion made on entirely distinct provisions of law as the main motion could not extend the time to make a timely application. As the original petition sought summary judgment on serious injury grounds, it was not similar to dismissal on liability grounds. Also, the court noted the medical reports were in conflict regarding the serious injury contention, finding plaintiff’s limitations of motion of his cervical and lumbar spine and left shoulder described a serious injury and raised a triable issue of fact, denying defendants summary judgment.
