Belrose Fire Suppression, Inc. v. Stack McWilliams, LLC

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about June 7, 2007, which, to the extent appealed from as limited by the briefs in this action for breach of contract, granted defendants’ motion to reargue and, upon reargument, denied plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

The court did not improvidently exercise its discretion in granting defendants’ motion for reargument and determining that it had overlooked or misapprehended the relevant facts, and mistakenly arrived at its prior decision…