Mendez v. Union Theological Seminary

*261Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered on or about December 16, 2004, which, to the extent appealed from as limited by the brief, granted plaintiffs motion for reargument, and, upon reargument, denied the previously granted summary judgment motion of fourth third-party defendant C&D Waterproofing Corp., unanimously affirmed, without costs.

Reargument was properly granted in light of the motion court’s admitted failure to consider the papers submitted by plaintiff in opposition to C&D Waterproofing’s motion seeking summary judgment dismissing the fourth…