Appellate Division of the Supreme Court of the State of New York May 7, 2001 (McLaughlin v. Vanhouten)

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 31, 2000, which granted the plaintiff’s motion for renewal and, upon renewal, in effect, vacated a prior order of the same court, dated April 19, 2000, granting the defendant’s motion for summary judgment dismissing the complaint on