Wells v. City of New York

Full title: CARL WELLS, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Oct 15, 1998

254 A.D.2d 121 (N.Y. App. Div. 1998)

678 N.Y.S.2d 498

Opinion

October 15, 1998

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

Plaintiff's motion to renew was properly denied for failure to present any new facts that could not have been adduced on the prior motion. In any event, were we to grant renewal and review the merits, we would dismiss the action for the same reasons as did the motion court, namely, plaintiff's failure to reschedule or appear for a section 50-h hearing after being given numerous extensions and opportunities to do so ( see, Bailey v. New York City Health Hosps. Corp., 191 A.D.2d 606, citing Best v. City of New York, 97 A.D.2d 389, aff'd 61 N.Y.2d 847).

Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.