Opinion
03-23-2017
Jeffrey TAVAREZ, Plaintiff–Respondent, v. Felix Manuel Castillo HERRASME, et al., Defendants–Appellants.
Chesney & Nicholas, LLP, Syosset (Jeffrey M. Burkhoff of counsel), for appellants. William Schwitzer & Associates, P.C., New York (Howard R. Cohen counsel), for respondent.
Chesney & Nicholas, LLP, Syosset (Jeffrey M. Burkhoff of counsel), for appellants.
William Schwitzer & Associates, P.C., New York (Howard R. Cohen counsel), for respondent.
Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered July 11, 2016, which, in an action for personal injuries sustained in a motor vehicle accident, denied defendants' motion to renew, unanimously affirmed, without costs.
The court properly denied defendants' motion to renew plaintiff's motion for partial summary judgment on the issue of liability, which was previously granted by Supreme Court and later affirmed by this Court (see 140 A.D.3d 453, 31 N.Y.S.3d 871 [1st Dept.2016] ). There is nothing in plaintiff's deposition, which was taken after he was granted summary judgment, that constitutes new noncumulative facts that would warrant granting renewal (see Varela v. Clark, 134 A.D.3d 925, 21 N.Y.S.3d 331 [2d Dept.2015] ; CPLR 2221[e] ).
TOM, J.P., FRIEDMAN, MAZZARELLI, KAPNICK, KAHN, JJ., concur.