Kitchen v. Diakhate

Appellate Division of the Supreme Court of New York

Kitchen v. Diakhate

68 A.D.3d 570, 889 N.Y.2d 846

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 2009·Published·Cited by 3 cases

Opinion

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. [571] Concur — Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.

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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. [571] Concur — Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.

Kitchen v. Diakhate, 68 A.D.3d 570, 889 N.Y.2d 846 (N.Y. Ct. App. 2009).

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Opinion

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