From Casetext: Smarter Legal Research

Daughety v. St. Mary's Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 2003
301 A.D.2d 558 (N.Y. App. Div. 2003)

Opinion

2000-11343

Submitted January 2, 2003.

January 21, 2003.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated October 27, 2000, which denied her motion, in effect, for leave to reargue.

Becker D'Agostino, New York, N.Y. (Michael D'Agostino of counsel), for appellant.

Shaub, Ahmuty, Citrin Spratt, LLP, Lake Success, N.Y. (Christina Papadopoulos, Steven J. Ahmuty, Jr., and Christopher Simone of counsel), for respondent St. Mary's Hospital of Brooklyn.

Slevin Sold Neubardt Weisman Samberg Faillace Mezzacappa, Mineola, N.Y. (John P. Harris of counsel), for respondent Bedford Stuyvesant Family Health Center, Inc.

Before: SONDRA MILLER, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with one bill of costs.

The plaintiff's motion, denominated as one for renewal and reargument, was not based upon new facts that were unavailable to her at the time she opposed the defendants' motions for summary judgment (see Muro v. Bay Ready Mix Supplies, 282 A.D.2d 584; Bossio v. Fiorillo, 222 A.D.2d 476, 477). Therefore, the motion was, in effect, one for leave to reargue, the denial of which is not appealable (see Muro v. Bay Ready Mix Supplies, supra; Bossio v. Fiorillo, supra).

S. MILLER, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.


Summaries of

Daughety v. St. Mary's Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 2003
301 A.D.2d 558 (N.Y. App. Div. 2003)
Case details for

Daughety v. St. Mary's Hospital

Case Details

Full title:JANE R. DAUGHETY, ETC., appellant, v. ST. MARY'S HOSPITAL OF BROOKLYN, ET…

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

Date published: Jan 21, 2003

Citations

301 A.D.2d 558 (N.Y. App. Div. 2003)
753 N.Y.S.2d 846

Citing Cases

Moray v. DBAG, Inc.

That branch of the defendant's motion which was denominated as one for leave to renew and reargue was not…