Opinion
9215-9216N Index 23437/15E
05-02-2019
Camille HENDRICKSON, Plaintiff-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Respondent.
Burns & Harris, New York (Jason S. Steinberg of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for respondent.
Burns & Harris, New York (Jason S. Steinberg of counsel), for appellant.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for respondent.
Acosta, P.J., Friedman, Manzanet–Daniels, Gesmer, Singh, JJ.
The motion court providently exercised its discretion in precluding plaintiff from presenting evidence of head injury at the trial of this action. In a June 15, 2017 stipulation, plaintiff represented that her claim for exacerbation and/or aggravation of preexisting injuries was confined to her asymptomatic back and neck injuries. In addition, plaintiff admitted that, despite court orders and so-ordered stipulations, she failed to timely provide defendant with authorizations to obtain medical records pertaining to a preexisting head injury. Plaintiff contends that her failures to provide the medical authorization and the stipulation limiting her claim were inadvertent errors; she stated that the medical authorization was inadvertently placed in the file and that the stipulation was signed by an attorney who was not assigned to the case. However, the extent of these errors and the time that elapsed before they were corrected fully justify the remedy imposed by the court (see Williams v. Shiva Ambulette Serv. Inc., 102 A.D.3d 598, 599, 959 N.Y.S.2d 53 [1st Dept. 2013] ).
Plaintiff admitted that she failed to present new facts in support of her motion to renew (see CPLR 2221[e][2] ). She also failed to demonstrate that the denial of her motion resulted in the defeat of substantial fairness (see Rancho Santa Fe Assn. v. Dolan–King, 36 A.D.3d 460, 461, 829 N.Y.S.2d 39 [1st Dept. 2007] ).