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JONES v. CITY OF NEW YORK

24222/14, 2885A, 2885B, 2885.

146 A.D.3d 690 (2017)

2017 NY Slip Op 00560

46 N.Y.S.3d 57

ROBERT JONES, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided January 26, 2017.

Although the motion court denied the motion to reargue as untimely, that part of the order is appealable because the court also addressed the merits of the motion and therefore effectively granted reargument (see Liss v Trans Auto Sys., 68 N.Y.2d 15, 20 [1986]; see also Pezhman v Chanel, Inc., 126 A.D.3d 497 [1st Dept 2015]). Upon reargument, the motion court properly adhered to its original...

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