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MENDEZ v. QUEENS PLUMBING SUPPLY, INC.

39 A.D.3d 260 (2007)

833 N.Y.S.2d 71

ANDREA MENDEZ, Respondent, v. QUEENS PLUMBING SUPPLY, INC., et al., Defendants, and MP LIMO SERVICES CORP., INC., et al., Appellants.

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

Decided April 5, 2007.

The court properly granted reargument upon a showing that it had "overlooked or misapprehended the facts or law or for some reason mistakenly arrived at its earlier decision" (Loland v City of New York, 212 A.D.2d 674 [1995]; see CPLR 2221 [d] [2]). The court had previously misapprehended the facts when it precluded the operator of each vehicle from testifying about negligent operation by the other. Plaintiff's deposition...

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