Gaeta v. Kosek

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs’ motion for reargument of defendant’s motion for summary judgment dismissing the complaint (see, Calabrese v Smetko, 244 AD2d 890, 890-891). The court agreed with plaintiffs that it had mistakenly arrived at its earlier decision because it had overlooked the objective evidence of the injury allegedly sustained by David S. Gaeta (plaintiff).

The court erred upon reargument, however, in granting defendant’s…