Opinion
January 11, 1999.
Appeal from the Supreme Court, Kings County (Belen, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the court did not err by, in effect, treating the plaintiff's motion as one for renewal ( see, CPLR 2221; Friedman v. U-Haul Truck Rental, 216 A.D.2d 266; Turkel v. I.M.I. Warp Knits, 50 A.D.2d 543), and, upon renewal, vacating so much of its earlier order as had granted the defendant's motion for partial summary judgment and substituting an order denying the motion ( see, McMahon v. Pfister, 49 A.D.2d 729, 730; Hastings v. Richard, Ellis Co., 36 A.D.2d 695).
In light of this determination, we need not reach the parties' remaining contentions.
Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.