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JOSE NARVAEZ, AS ADMINISTRATOR OF THE ESTATE OF ROSA MARIA SINCHI, ETC., plf-res, v. THOMAS M. SAMMARTINO def-ap

4657N. JOSE NARVAEZ, AS ADMINISTRATOR OF THE ESTATE OF ROSA MARIA SINCHI, ETC., plf-res, v. THOMAS M. SAMMARTINO def-ap — Picciano & Scahill, P.C., Bethpage (Andrea E. Ferrucci of counsel), for ap — Omrani & Taub, P.C., New York (Anne Marie Caradonna of counsel), for res — Order, Supreme Court, Bronx County (Lizbeth Gonzlez, J.), entered December 23, 2016, which, upon renewal, reversed a prior order, entered on default, granting defendants' motion to change venue from Bronx County to Suffolk County, and denied defendants' motion, unanimously affirmed, without costs.

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4657N. JOSE NARVAEZ, AS ADMINISTRATOR OF THE ESTATE OF ROSA MARIA SINCHI, ETC., plf-res, v. THOMAS M. SAMMARTINO def-ap — Picciano & Scahill, P.C., Bethpage (Andrea E. Ferrucci of counsel), for ap — Omrani & Taub, P.C., New York (Anne Marie Caradonna of counsel), for res — Order, Supreme Court, Bronx County (Lizbeth Gonzlez, J.), entered December 23, 2016, which, upon renewal, reversed a prior order, entered on default, granting defendants’ motion to change venue from Bronx County to Suffolk County, and denied defendants’ motion, unanimously affirmed, without costs.

The motion court properly exercised its discretion under CPLR 2001 in granting plaintiff’s motion to renew, as the record shows that on the prior motion, plaintiff’s opposition was not considered due to counsel’s inadvertent failure to comply with the court’s part rules. Counsel’s error did not cause significant prejudice, and plaintiff has been ordered to reimburse defendants for any resulting costs and fees incurred (see CPLR 2001; DePompo-Seff v. Genovese Drug Stores, Inc., 13 AD3d 109 [1st Dept 2004]).

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