Macias v. New York City Transit Authority

Full title: ANNA MACIAS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Jun 5, 1997

240 A.D.2d 196 (N.Y. App. Div. 1997)

658 N.Y.S.2d 276

Opinion

June 5, 1997

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).

The IAS Court did not improvidently exercise its discretion in sua sponte dismissing this ten-year-old personal injury action where plaintiff willfully failed to comply with the preliminary conference order requiring her appearance for deposition ( see, CPLR 3126), and plaintiff's attorney did not move to vacate the order relieving him, which he had sought on grounds of plaintiff's lack of cooperation, for eight months after entry thereof, at which time he was allegedly again retained by plaintiff. Denial of a motion for reargument is not appealable ( see, Amankwa v. New York City Hous. Auth., 224 A.D.2d 262). Renewal was also properly denied since no previously unavailable or unknown evidence was submitted ( see, Lee v. Ogden Allied Maintenance Corp., 226 A.D.2d 226, lv dismissed 89 N.Y.2d 916).

Concur — Wallach, J.P., Rubin, Williams and Andrais, JJ.