Appellate Division of the Supreme Court of New York, 2003

Daughety v. St. Mary's Hospital

Appellate Division of the Supreme Court of New York · Decided January 21, 2003

301 A.D.2d 558; 753 N.Y.S.2d 846

Cases that cite this one

1 later published case cites this decision.

Moray v. DBAG, Inc. (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—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.

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 unavail- • able to her at the time she opposed the defendants’ motions for *559summary judgment (see Muro v Bay Ready Mix & Supplies, 282 AD2d 584; Bossio v Fiorillo, 222 AD2d 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.

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