SOUTH TOWNS SURGICAL ASSOCIATES DANIEL PATTERSON AND KENNETH ECKHERT III PLAINTIFFS RESPONDENTS v. JEFFREY STEINIG DEFENDANT APPELLANT (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  On appeal from an order that, inter alia, granted plaintiffs' motion for leave to reargue their opposition to defendant's motion for partial summary judgment and, upon reargument, denied defendant's motion in its entirety, we reject defendant's contention that Supreme Court erred in granting the motion for leave to reargue.  The court properly granted leave to reargue on the ground that it misapprehended the facts and law in determining defendant's motion for partial summary judgment (see Smith v. City of Buffalo, 122 AD3d 1419, 1420 [4th Dept 2014];  Luppino v. Mosey, 103 AD3d 1117, 1118 [4th Dept 2013];  see generally CPLR 2221[d][2] ).  With respect to the merits of defendant's motion, we affirm the order for reasons stated in the court's decision.

Mark W. Bennett

Clerk of the Court