Donovan v. Rizzo

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), entered December 21, 2015, which denied his motion for leave to renew his opposition to the plaintiff’s motion for summary judgment on the issue of liability, which had been granted in an order of the same court entered June 3, 2015.

Ordered that the order entered December 21, 2015, is reversed, on the law and the facts, with costs, the defendant’s motion for leave to renew is granted, and, upon renewal, the order entered June 3, 2015, is vacated, and the…