Schneider v. Solowey

• Decision Date: 27 June 1988
• Citation: 529 N.Y.S.2d 1017,141 A.D.2d 813
• Parties: Allison M. SCHNEIDER, et al., Respondents, v. Carl SOLOWEY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 1017

529 N.Y.S.2d 1017

141 A.D.2d 813

Allison M. SCHNEIDER, et al., Respondents, v. Carl SOLOWEY, Appellant.

Supreme Court of New York, Appellate Division Second Department.

June 27, 1988

Rossano, Mose, Connick and Hirchhorn, P.C., Garden City (A.G. Marangione and Frederick P. Mose, of counsel), for appellant. Abbott & Bushlow, Ridgewood (Richard Schechner, of counsel), for respondents.

In a medical malpractice action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Santucci, J.), entered September 25, 1987, which granted the plaintiffs' motion for reargument of the defendant's motion for partial summary judgment which was granted in an order of the same court, dated April 27, 1987, and, upon reargument, vacated that order and denied the defendant's motion. ORDERED that the order is affirmed, with costs. The granting of a motion for reargument is within the sound discretion of the court which decided the prior motion, provided the movant shows that the court overlooked or misapprehended the facts or the law or...