Salgado v. Ring
Cases that cite this one
6 later published cases cite this decision.
- Donovan v. Rizzo (Appellate Division of the Supreme Court of New York 2017)
- Yerushalmi v. Abed Realty Corp. (Appellate Division of the Supreme Court of New York 2009)
- DiCienzo v. Niagara Falls Urban Renewal Agency (Appellate Division of the Supreme Court of New York 2009)
- Hatzioannides v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- Siegel v. Monsey New Square Trails Corp. (Appellate Division of the Supreme Court of New York 2007)
- Terranova v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
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 personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated April 7, 2004, which denied her motion, denominated as one for leave to reargue and renew, but which was, in effect, for leave to reargue the defendants’ prior motion for summary judgment.
Ordered that the appeal is dismissed, with costs.
The plaintiff’s motion, denominated as one for leave to reargue and renew, was based upon evidence which could have been discovered earlier with due diligence. Since the plaintiff failed to proffer a reasonable excuse for her failure to present such evidence on the prior motion, the Supreme Court properly deemed it a motion for leave to reargue, the denial of which is not appealable (see EMC Mtge. Corp. v Stewart, 2 AD3d 772 [2003]; Reyes v Ross, 289 AD2d 554 [2001]). Adams, J.P., Krausman, Spolzino and Fisher, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.