Macias v. City of Yonkers

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered January 16, 2008, as, upon reargument, adhered to so much of a determination in a prior order of the same court (Giacomo, J.), entered September 11, 2007, as denied its motion *1299pursuant to CPLR 3126, inter alia, to dismiss the complaint, and denied that branch of its motion which was for leave to renew its motion pursuant to CPLR 3126.

Ordered that the order is modified, on the facts, on the…