Pierre v Sunrise Med. Labs.

Holding The Appellate Division modified the lower court’s order to restore the action to the trial calendar because the prior order only decided the summary judgment motion against one defendant and did not dismiss claims against others. However, the court affirmed the denial of the motion to resettle the order to correct a footnote, as it was unnecessary to correct a nondispositive recitation of facts.

The court’s words

The Supreme Court improvidently exercised its discretion in denying that branch of the plaintiff's motion which was to restore the action to the trial calendar.

2026 NY Slip Op 05430, at the official text

There is nothing in the January 27, 2021 order which indicates that the motion court, sua sponte, considered and directed dismissal, on the merits, of any causes of action asserted against other defendants.

2026 NY Slip Op 05430, at the official text

It was unnecessary for the court to exercise its discretion to correct a mistake in the nondispositive recitation of facts tangential to the motion being determined in the order.

2026 NY Slip Op 05430, at the official text