Pietrafesa v. Canestro

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Pineda-Kirwan, J.), entered November 25, 2014, which, in effect, denied that branch of his motion which was to restore the case to the motion calendar for disposition of certain pending and undecided motions, and denied, as untimely, his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, that branch of the defendant’s motion which was to restore the case to the motion calendar for disposition of the…