BARBARA SCELZO, plf-ap, v. ACKLINIS REALTY HOLDING LLC def-res, ANTHONY v. CARELLA, M.D. def

8772. BARBARA SCELZO, plf-ap, v. ACKLINIS REALTY HOLDING LLC def-res, ANTHONY v. CARELLA, M.D. def — [AND A THIRD PARTY ACTION] Yudin & Yudin, PLLC, New York (Ronald Yudin of counsel), for ap — Malapero & Prisco LLP, New York (Frank J. Lombardo of counsel), for Acklinis Realty Holding, LLC and Acklinis Yonkers Realty, LLC, res — Simmons Jannace, LLP, Syosset (Michael D. Kern of counsel), for Best Buy Co. Inc., and Best Buy Stores, L.P., res — Law Offices of Safranek, Cohen & Krolian, White Plains (James G. Kelly of counsel), for Lewiston Construction Companies, LLC, res — Order, Supreme Court, Bronx County (Robert Torres, J.), entered December 14, 2011, which, to the extent appealed from as limited by the briefs, upon reargument, granted the summary judgment motions of the Acklinis defendants, the Best Buy defendants, and defendant Lewiston, dismissing the complaint as against them, unanimously modified, on the law, to deny the Acklinis defendants' motion, and otherwise affirmed, without costs.

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8772. BARBARA SCELZO, plf-ap, v. ACKLINIS REALTY HOLDING LLC def-res, ANTHONY v. CARELLA, M.D. def — [AND A THIRD PARTY ACTION] Yudin & Yudin, PLLC, New York (Ronald Yudin of counsel), for ap — Malapero & Prisco LLP, New York (Frank J. Lombardo of counsel), for Acklinis Realty Holding, LLC and Acklinis Yonkers Realty, LLC, res — Simmons Jannace, LLP, Syosset (Michael D. Kern of counsel), for Best Buy Co. Inc., and Best Buy Stores, L.P., res — Law Offices of Safranek, Cohen & Krolian, White Plains (James G. Kelly of counsel), for Lewiston Construction Companies, LLC, res — Order, Supreme Court, Bronx County (Robert Torres, J.), entered December 14, 2011, which, to the extent appealed from as limited by the briefs, upon reargument, granted the summary judgment motions of the Acklinis defendants, the Best Buy defendants, and defendant Lewiston, dismissing the complaint as against them, unanimously modified, on the law, to deny the Acklinis defendants’ motion, and otherwise affirmed, without costs.

Justice Torres had the authority to consider the motions for reargument, as the Justice who signed the order on the prior motions for summary judgment was unable to hear the motions for reargument (see CPLR 2221[a]). Justice Torres properly granted the motions for leave to reargue, as the Justice who signed the order on the prior motions failed to address defendants’ assertion that the defect which caused plaintiff’s accident was trivial (see CPLR 2221[d][2]).

BARBARA SCELZO, plf-ap, v. ACKLINIS REALTY HOLDING LLC def-res, ANTHONY v. CARELLA, M.D. def

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