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RODRIGUEZ v. SHARMA

10555N. 303136/15.

178 A.D.3d 508 (2019)

116 N.Y.S.3d 7

2019 NY Slip Op 08937

Mercedes Rodriguez, Respondent, v. Amy Sharma et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

James G. Bilello & Associates, Hicksville ( Susan J. Mitola of counsel), for appellants.

Helen Dalton & Associates, P.C., Kew Gardens ( Thomas W. Reimel of counsel), for respondent.

Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.

Plaintiff properly moved for leave to reargue pursuant to CPLR 2221(a), as the motion court engaged in a merits determination by considering the parties' deposition testimony (see Massey v City of New York, 249 A.D.2d 245 [1st Dept 1998]). However, upon granting reargument, the motion court should have adhered to its original determination granting Sharma defendants' motion for summary judgment.

It is well established that...

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