Appellate Division of the Supreme Court of the State of New York April 17, 2007 (Clemente v. Carl Bongiorno & Sons, Inc.)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated June 12, 2006, which denied its motion for leave to renew its prior motion for summary judgment dismissing the complaint, which had been denied in an order of the same court dated January 13, 2005.

Ordered that the order is affirmed, with costs.