Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

SINGLETON v. LENOX HILL HOSPITAL

Appellate Division of the Supreme Court of New York, Second Department.
Apr 28, 2009
Important Paras
Please sign up to view Important Paras.

Ordered that the order dated December 7, 2007, is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

"Motions for reargument are addressed to the sound discretion of the court which decided the prior motion and may be granted upon a showing that the court overlooked or misapprehended the facts or law" ( Carrillo v PM Realty Group, 16 AD3d 611, 611; see CPLR 2221 [d] [2]). Here, the Supreme Court providently exercised its discretion in granting the plaintiffs motion for leave to reargue.

Upon reargument, the Supreme Court properly, in effect, denied the motions pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against the appellants ( see Primiano v Ginsberg, 55 AD3d 709; Lubov v Welikson, 36 AD3d 673, 674).