Luebke v. MBI Group

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered January 23, 2014, which granted plaintiffs motion for reargument and, upon reargument, denied defendants Pinnacle Contractors of NY, Inc. and Prudential Douglas Elliman Real Estate’s motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The court properly considered plaintiffs untimely motion to reargue, made while an appeal was pending, since it has jurisdiction to reconsider its prior interlocutory orders during the pendency of the action without regard to the statutory…