SHERIDAN v. 625 (2008)

Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered January 3, 2008, which granted plaintiff's motion for reargument, and, upon reargument, denied defendants' previously granted motion to dismiss the complaint for plaintiff's failure to comply with discovery, and reinstated the complaint, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting reargument and reinstating the complaint.   Plaintiff's moving papers clarified certain facts relating to the extent of her compliance with discovery, including the court's directives concerning nonparty witnesses and the filing of a note of issue, that her prior submissions and opposition to defendants' motion had obscured (see Rodney v. New York Pyrotechnic Prods. Co., 112 A.D.2d 410, 492 N.Y.S.2d 69 [1985] ).   Even if plaintiff's motion cannot be said to fall precisely within the category of either renewal or reargument, the court's disposition was well within the exercise of its discretion (see Sciascia v. Nevins, 130 A.D.2d 649, 650, 515 N.Y.S.2d 578 [1987] ).

We have considered appellant's remaining arguments and find them unavailing.