Rotondi v. Horning

Order unanimously reversed on the law with costs, motion granted and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Supreme Court abused its discretion by denying plaintiffs’ application for leave to renew a motion for summary judgment. Plaintiff Donna Rotondi, during the pendency of a motion for summary judgment, consulted with an orthopedic surgeon regarding back and neck injuries suffered in an automobile accident. Diagnostic studies were performed which revealed a bulging disc. The physician’s report was not forwarded to Rotondi’s…