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Ortiz v. Tusa

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2002
300 A.D.2d 288 (N.Y. App. Div. 2002)

Summary

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from SAAD v. PROVIDENCE WASHINGTON INS. CO.

Opinion

2002-02589

Submitted November 13, 2002.

December 2, 2002.

In an action to recover damages for personal injuries, the defendants Peter Tusa and Lisa Tusa appeal from an order of the County Court, Nassau County (Weinberg, J.), entered March 6, 2002, which granted the plaintiffs' motion for leave to renew a prior motion for summary judgment dismissing the complaint insofar as asserted against them, which was granted by order of the same court dated October 3, 2001, and upon renewal, denied the motion.

Curtis, Vasile, Devine McElhenny, Merrick, N.Y. (Robert E. Schleier of counsel), for appellants.

Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion for leave to renew is denied, and the order dated October 3, 2001, is reinstated.

The affidavits of the chiropractors, submitted by the plaintiffs on their motion for leave to renew, were not newly-discovered evidence, and the plaintiffs offered no reasonable justification for their failure to submit those affidavits in opposition to the appellants' original motion (see CPLR 2221[e][3]). Therefore, the County Court improperly granted the plaintiffs' motion for leave to renew (see Nasr v. Schwartz, 288 A.D.2d 197; Brandao v. Segura, 287 A.D.2d 531; Pichardo v. Blum, 267 A.D.2d 441; Doumanis v. Conzo, 265 A.D.2d 296).

FEUERSTEIN, J.P., KRAUSMAN, LUCIANO, TOWNES and COZIER, JJ., concur.


Summaries of

Ortiz v. Tusa

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2002
300 A.D.2d 288 (N.Y. App. Div. 2002)

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from SAAD v. PROVIDENCE WASHINGTON INS. CO.

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from Falcone v. Karagiannis

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from N.Y. Hosp. Med. Ctr. v. Country Wide Ins. Co.

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from Hopper v. Leogrande

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from Westchester Med. Ctr. v. Liberty Mut. Ins. Co.

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from Bernal v. Singh

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from Donovan v. Rocklyn Fuel Oil Corp.

In Ortiz v. Tusa, 300 AD2d 288 (2nd Dept. 2002) renewal was denied where no justification was offered for failing to submit chiropractic affidavits on the original motion.

Summary of this case from Rizzuti v. Laucella
Case details for

Ortiz v. Tusa

Case Details

Full title:ANAYANSI ORTIZ, ET AL., respondents, v. PETER TUSA, ET AL., APPELLANTS, ET…

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

Date published: Dec 2, 2002

Citations

300 A.D.2d 288 (N.Y. App. Div. 2002)
751 N.Y.S.2d 299

Citing Cases

Simpson v. Hilfiger U.S.A

facts contained within the unnotarized affidavit were offered on the Plaintiffs first renewal motion, but…

Westchester Med. Ctr. v. Liberty Mut. Ins. Co.

See also Ramos v. Dekhtyar, 301 AD2d 428 (1st Dept. 2003) granting renewal where an unsworn affirmation of a…