Odessa Medical Supply, Inc. v. Government Employees Insurance

*723OPINION OF THE COURT

Sharon Aarons, J.

Relief Requested

Defendant moves for an order, pursuant to CPLR 2221 (e), granting defendant leave to renew and ordering a new trial based upon a change in law. Defendant’s motion is granted. Written opposition was submitted. Defendant’s motion for leave to renew is granted and upon renewal this court’s decision/ order, dated October 31, 2006, is vacated, and plaintiffs motions in limine for preclusion and for a directed verdict are denied.

Procedural Background

Plaintiff assignee brought this action against defendant, the assignor’s no-fault carrier, to…