Astudillo v. City of New York

In an action to recover damages for personal injuries, etc., the defendant L.K. Comstock & Company, Inc., appeals from an order of the Supreme Court, Queens County (Plug, J.), dated May 8, 2009, which granted those branches of the plaintiffs’ motion and the cross motion of the defendant City of New York which were for leave to reargue their opposition to its motion for summary judgment dismissing the complaint insofar as asserted against it, which had been determined in an order dated January 16, 2009, and, upon reargument, vacated the order dated January 16, 2009, granting its motion for…