Scelzo v. Acklinis Realty Holding LLC

Justice Torres had the authority to consider the motions for reargument, as the Justice who signed the order on the prior motions for summary judgment was unable to hear the motions for reargument (see CPLR 2221 [a]). Justice Torres properly granted the motions for leave to reargue, as the Justice who signed the order on the prior motions failed to address defendants’ assertion that the defect which caused plaintiffs accident was trivial (see CPLR 2221 [d] [2]).

Upon reargument, the court should have not dismissed the complaint as against the Acklinis defendants. Plaintiff’s testimony and the…