Gfellner v Georal Intl., Ltd.
2007 NY Slip Op 05462 [41 AD3d 646]
June 19, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Elisa Gfellner, Respondent,
v
Georal International, Ltd., et al., Defendants, and S.O.S. Plumbing & Heating, Ltd., Appellant.

[*1] Milber Makris Plousadis & Seiden, LLP, Woodbury, N.Y. (Lorin A. Donnelly of counsel), for appellant.

In an action to recover damages for personal injuries, the defendant S.O.S. Plumbing & Heating, Ltd., appeals from an order of the Supreme Court, Queens County (Flug, J.), dated July 13, 2006, which granted the plaintiff's motion for reargument, and upon reargument, denied its prior motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, with leave to renew upon the completion of discovery.

Ordered that the order is affirmed, without costs or disbursements.

Under the facts of this case, upon reargument, the Supreme Court properly denied the appellant's prior motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, with leave to renew upon the completion of discovery (see Amico v Melville Volunteer Fire Co., Inc., 39 AD3d 784 [2007]; Hernandez v City of New York, 35 AD3d 812 [2006]; Olmedo-Garcia v Dobson, 31 AD3d 727, 728 [2006]; Peppas v City of New York, 6 AD3d 596 [2004]).

The appellant's remaining contentions are without merit. Rivera, J.P., Spolzino, Florio and Angiolillo, JJ., concur.