Perez v. Davis

*1087Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered March 12, 2003. The order, insofar as appealed from, granted defendant’s motion for leave to reargue plaintiffs motion for summary judgment and, upon reargument, denied plaintiffs motion on the issue of defendant’s negligence.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and defendant’s motion is denied.

Memorandum: Plaintiff commenced this action seeking damages for personal injuries that she sustained in a motor vehicle…