Calabrese v. Smetko

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in permitting reargument of the motion of 2450 Military Road, Inc., doing business as CleveHill Tire & Auto (defendant), for summary judgment (see, Vinciguerra v Jameson, 153 AD2d 452, 454; Sciascia v Nevins, 130 *891AD2d 649). Upon reargument, the court properly granted summary judgment to defendant dismissing the complaint and cross claims against it. Plaintiff seeks damages for injuries he sustained while attempting to restart defendant Steve Smetko’s vehicle, which had recently been repaired at…