From Casetext: Smarter Legal Research

Baciu v. City University of New York

Appellate Division of the Supreme Court of New York, Second Department
May 14, 2001
283 A.D.2d 447 (N.Y. App. Div. 2001)

Opinion

Submitted April 25, 2001.

May 14, 2001.

In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Marin, J.), dated July 24, 2000, which denied her motion, in effect, for reargument.

David Shakarchi, Flushing, N.Y., for appellant.

Thomas M. Bona, P.C., White Plains, N.Y. (Stephanie K. Cervoni and Joelle N. Duval of counsel), for respondent.

Before: RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ.


ORDERED that the appeal is dismissed, with costs.

The claimant failed to provide a reasonable explanation why the physician's affirmation in support of her motion for leave to file a late claim, which was submitted with her motion denominated as one for renewal, could not have been provided with the original motion. Consequently, the claimant's motion was, in effect, one for reargument (see, Muro v. Bay Ready Mix Supplies, A.D.2d [2d Dept., Apr. 16, 2001]; Privitera v. City of New York, 277 A.D.2d 367; Matter of Thein v. Mamaroneck Union Free School Dist., 231 A.D.2d 730). Since no appeal lies from an order denying reargument, the appeal must be dismissed.


Summaries of

Baciu v. City University of New York

Appellate Division of the Supreme Court of New York, Second Department
May 14, 2001
283 A.D.2d 447 (N.Y. App. Div. 2001)
Case details for

Baciu v. City University of New York

Case Details

Full title:MARIA BACIU, APPELLANT, v. CITY UNIVERSITY OF NEW YORK, RESPONDENT

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

Date published: May 14, 2001

Citations

283 A.D.2d 447 (N.Y. App. Div. 2001)
724 N.Y.S.2d 886

Citing Cases

Xerox Corp. v. Stewart

Defendant appeals from an order denying her motion which was denominated as one seeking to vacate a judgment…

Customized Auto Credit Servs. v. Jones

Nor did he offer a reasonable excuse for his failure to submit such evidence in support of his original…