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Kitchen v. Diakhate

68 A.D.3d 570, 889 N.Y.2d 846
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 17, 2009
StatusPublished
Cited by3 cases

This text of 68 A.D.3d 570 (Kitchen v. Diakhate) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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

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Cite This Page — Counsel Stack

Bluebook (online)
68 A.D.3d 570, 889 N.Y.2d 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kitchen-v-diakhate-nyappdiv-2009.