Appellate Division of the Supreme Court of New York, 2009

Kitchen v. Diakhate

Kitchen v. Diakhate
Appellate Division of the Supreme Court of New York · Decided December 17, 2009
68 A.D.3d 570; 889 N.Y.2d 846
Kitchen v. Diakhate

Opinion of the Court

Denial of a motion to reargue is not appealable as of right (Freeman v Prince Leasing Corp., 49 AD3d 455 [2008]). This motion clearly sought reargument, not vacatur, as it was alternatively denominated (see People v American Motor Club, 241 AD2d 409 [1997]).

Were we to consider the appeal on the merits, we would affirm the preclusion of evidence concerning plaintiff’s knee injury, as the undue 21/2-year delay in correcting her deposition testimony until the eve of trial was prejudicial to defendants. *571Concur — Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.

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