Appellate Division of the Supreme Court of the State of New York June 17, 2008 (Guaman v. Tran)

*657In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schack, J.), entered April 5, 2007, which granted the defendant’s motion for leave to reargue a prior motion to dismiss the complaint pursuant to CPLR 3211 (a) (8), which had been determined in an order of the same court (Kurtz, Ct. Atty. Ref.