Appellate Division of the Supreme Court of the State of New York February 9, 1981 (Crucilla v. Howe Richardson Scale Co.)

In a negligence action to recover damages for personal injuries, defendant Howe Richardson Scale Co., appeals from so much of an order of the Supreme Court, Kings County, dated September 17, 1980, as granted plaintiff’s motion for reargument of the denial of his motion to vacate an order dismissing the complaint and, upon reargument, granted the motion to vacate and imposed $250 costs on