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Fafinski v. Sherwin

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 314 (N.Y. App. Div. 1997)

Opinion

November 3, 1997

Appeal from the Supreme Court, Nassau County (Murphy, J.).


Ordered that the appeal from the order dated May 20, 1997, is dismissed as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated November 13, 1996, is affirmed; and it is further,

Ordered that the defendants are awarded one bill of costs.

The plaintiff failed to demonstrate a continuing course of treatment so as to toll the medical malpractice Statute of Limitations (see, CPLR 214-a; Ganess v. City of New York, 85 N.Y.2d 733; Nykorchuck v. Henriques, 78 N.Y.2d 255; Altomare v. Schulman, 236 A.D.2d 494; Fauci v. Wolan, 238 A.D.2d 305; Traverso v. Reed, 234 A.D.2d 731; Grippi v. Jankunas, 230 A.D.2d 826). Accordingly, the Supreme Court properly granted the defendants' motion for partial summary judgment.

The plaintiff's motion, denominated as one to renew and reargue, was in actuality a motion for reargument, as the plaintiff failed to offer a valid excuse for not submitting the additional facts upon which the motion was based to the court on the original motion for summary judgment (see, Foley v. Roche, 68 A.D.2d 558). The denial of a motion for reargument is not appealable (see, High v. County of Westchester, 238 A.D.2d 476; King v. Rockaway One Co., 202 A.D.2d 395).

O'Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.


Summaries of

Fafinski v. Sherwin

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 314 (N.Y. App. Div. 1997)
Case details for

Fafinski v. Sherwin

Case Details

Full title:MARY FAFINSKI, Appellant, v. STEVEN R. SHERWIN et al., Respondents

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

Date published: Nov 3, 1997

Citations

244 A.D.2d 314 (N.Y. App. Div. 1997)
665 N.Y.S.2d 536