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SCELZO v. ACKLINIS REALTY HOLDING LLC

8772, 7654/07.

101 A.D.3d 468 (2012)

957 N.Y.S.2d 14

2012 NY Slip Op 8455

BARBARA SCELZO, Appellant, v. ACKLINIS REALTY HOLDING LLC et al., Respondents, et al., Defendants. (And a Third Party Action.)

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

December 11, 2012.

Justice Torres had the authority to consider the motions for reargument, as the Justice who signed the order on the prior motions for summary judgment was unable to hear the motions for reargument (see CPLR 2221 [a]). Justice Torres properly granted the motions for leave to reargue, as the Justice who signed the order on the prior motions failed to address defendants' assertion that the defect which caused plaintiff's accident was trivial (see CPLR 2221 [d]...

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