Gunderman v. Sure Connect Cable Installation, Inc.

Egan Jr.,

*1216Initially, we reject Sure Connect’s contention that Supreme Court abused its discretion in granting plaintiffs’ motion to reargue. The crux of plaintiffs’ argument in this regard was that Supreme Court misapplied this Court’s then recent decision in Randall v Time Warner Cable, Inc. (81 AD3d 1149 [2011]) and, upon further deliberation, Supreme Court agreed. Contrary to Sure Connect’s assertion, there is nothing in the record to suggest that Supreme Court considered new facts in deciding the motion; indeed, Supreme Court expressly noted that it was precluded from doing so. Under these…