Appellate Division of the Supreme Court of New York, 1993

Costa v. Pelham Bay General Hospital

Costa v. Pelham Bay General Hospital
Appellate Division of the Supreme Court of New York · Decided June 1, 1993
194 A.D.2d 308; 598 N.Y.S.2d 945; 1993 N.Y. App. Div. LEXIS 5458
Costa v. Pelham Bay General Hospital

Opinion of the Court

—Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered April 27, 1992, which, insofar as appealed from, denied defendant Pelham Bay General Hospital’s motion to renew and reargue the court’s prior decision granting plaintiffs’ motion to dismiss Pelham’s affirmative defense of lack of personal jurisdiction, unanimously affirmed, with costs.

Renewal was properly denied because of Pelham’s failure to offer a reasonable excuse explaining why the additional affidavits were not submitted on the original motion. In any event, even if considered, the additional affidavits do not warrant *309reversal of the IAS Court’s findings that jurisdiction over Pelham was obtained by the service that was made on one of its partners pursuant to CPLR 308 (2). Concur—Carro, J. P., Ellerin, Wallach, Ross and Rubin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.