Bertles v. Rubino

—In an action, inter alia, to recover damages for personal injuries, etc., the defendant Sidney D. Harvey appeals from so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered December 7, 1998, as, upon reargument of his prior cross motion for summary judgment which was granted by an order of the same court, entered July 27, 1998, denied the cross motion.

Ordered that the order is modified, on the law, by deleting the provision thereof which, upon reargument, denied the appellant’s cross motion and substituting therefor a provision adhering to so much of the prior…