HIGH DEFINITION MRI, P.C., plf-ap, v. MAPFRE INSURANCE COMPANY OF NEW YORK, def-res

3172N. HIGH DEFINITION MRI, P.C., plf-ap, v. MAPFRE INSURANCE COMPANY OF NEW YORK, def-res — D’Agostino, Levine, Landesman & Lederman LLP, New York (Bruce H. Lederman of counsel), for ap — Bruno, Gerbino & Soriano, LLP, Melville (Nathan Shapiro of counsel), for res — Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about July 14, 2016, which granted plaintiff’s motion for reargument of defendant’s motion to sever the breach of contract cause of action or, in the alternative, for a stay of the severance order pending appeal, only to the extent of extending plaintiff’s time to commence separate actions in Civil Court for the 198 claims asserted in the breach of contract cause of action, unanimously affirmed, with costs.

Although the order on reargument purported to deny plaintiff’s motion to reargue defendant’s severance motion, it is appealable, because the court addressed the merits of the motion, in effect, granting it and adhering to the original determination (see Jackson v. Leung, 99 AD3d 489, 490 [1st Dept 2012]).