Irizarry v. Lindor

Contrary to the appellants’ contention, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs motion which was for leave to reargue, inasmuch as the court reasonably concluded that it had overlooked the certification appended to the plaintiff’s medical records and reports (see Shields v Kleiner, 93 AD3d 710, 711-712 [2012]; Rivera v Benaroti, 29 AD3d 340, 341 [2006]).

Nevertheless, upon reargument, the plaintiff failed to raise a triable issue of fact in opposition to the appellants’ prima facie showing that he did not sustain a serious injury within…