Ricketts v. Cuffe Auto Sales, Inc.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered November 21, 2012, which, upon reargument, vacated the court’s prior order dated May 25, 2012, denied defendant Cuffe Auto Sales, Inc.’s motion for summary judgment dismissing the complaint, and granted plaintiffs’ cross motion to amend their bill of particulars, unanimously affirmed, without costs.

The court providently exercised its discretion in granting re-argument, since the court, in its prior order, appeared to have overlooked most of plaintiffs’ evidence (see CPLR 2211 [d] [2]). Upon reargument, the court properly denied…