Opinion
13155 Index No. 805071/15 Case No. 2020-01711
02-18-2021
Iesha PUNTER, Plaintiff–Appellant, v. NEW YORK CITY HEALTH AND HOSPITAL CORPORATION, et al., Defendants–Respondents.
Robert J. Genis, New York ( Alexander J. Wulwick of counsel), for appellant. James E. Johnson, Corporation Counsel, New York ( Elina Druker of counsel), for respondents.
Robert J. Genis, New York ( Alexander J. Wulwick of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York ( Elina Druker of counsel), for respondents.
Renwick, J.P., Kern, Singh, Shulman, JJ.
Order, Supreme Court, New York County (George J. Silver, J.), entered November 8, 2019, which denied plaintiff's motion for leave to renew her motion for certain discovery, unanimously affirmed, without costs.
Plaintiff moved for renewal on the ground that there had been a change in the law that would change the prior determination ( CPLR 2221[e][2] ; see e.g. Gager v. White, 53 N.Y.2d 475, 442 N.Y.S.2d 463, 425 N.E.2d 851 [1981], cert denied 454 U.S. 1086, 102 S.Ct. 644, 70 L.Ed.2d 621 [1981] ). However, the reversal of a Kings County trial order mentioned in the order on appeal did not effect a change in the law; the Second Department simply applied long settled principles of discovery ( see Vargas v. Lee, 170 A.D.3d 1073, 96 N.Y.S.3d 587 [2d Dept. 2019], revg 2015 N.Y. Slip Op. 31048[U], 2015 WL 3857323 [Sup. Ct., Kings County 2015] ).