From Casetext: Smarter Legal Research

Bartolo v. South Nassau Communities Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 204 (N.Y. App. Div. 1993)

Opinion

November 1, 1993

Appeal from the Supreme Court, Nassau County (McCabe, J.).


Ordered that the appeal is dismissed, with costs.

The appellant's motion, purportedly to renew, was based on facts which could have been raised at the time of the original motion, and the plaintiff offered no excuse for her failure to present this evidence at that time. Therefore, the motion to renew was, in actuality, a motion to reargue, the denial of which is not appealable (see, McElroy v Guida, 196 A.D.2d 859; Incorporated Vil. of Freeport v Sanders, 192 A.D.2d 508; Karas v Shur, 189 A.D.2d 856; Jacondino v Lovis, 186 A.D.2d 109). Bracken, J.P., Rosenblatt, Copertino and Pizzuto, JJ., concur.


Summaries of

Bartolo v. South Nassau Communities Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 204 (N.Y. App. Div. 1993)
Case details for

Bartolo v. South Nassau Communities Hospital

Case Details

Full title:MARIE BARTOLO, Appellant, et al., Plaintiff, v. SOUTH NASSAU COMMUNITIES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1993

Citations

198 A.D.2d 204 (N.Y. App. Div. 1993)
604 N.Y.S.2d 787

Citing Cases

Robinson v. Laurent

We initially note that the branch of the plaintiff's motion which was for renewal was based on evidence which…

Price v. Palagonia

We find that, with respect to those claims, the plaintiff's motion was not based upon new facts which were…