Marte v. City of New York

Appellate Division of the Supreme Court of New York

Marte v. City of New York

292 A.D.2d 311, 739 N.Y.S.2d 267, 2002 N.Y. App. Div. LEXIS 3256

Appellate Division of the Supreme Court of the State of New York·Decided March 28, 2002·Published

Opinion

Order, Supreme Court, Bronx County (Stanley Green, JJ, entered January 6, 2000, which, to the extent appealable, denied plaintiff’s motion to renew a prior order dismissing the complaint, unanimously affirmed, without costs.

The expert affidavit submitted by plaintiff in support of the motion fails to raise a triable issue of fact (see, Mendes v Whitney-Floral Realty Corp., 216 AD2d 540, lv denied 87 NY2d 803) that would support a motion to renew based on new facts (CPLR 2221 [e] [2]). Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.

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Order, Supreme Court, Bronx County (Stanley Green, JJ, entered January 6, 2000, which, to the extent appealable, denied plaintiff’s motion to renew a prior order dismissing the complaint, unanimously affirmed, without costs.

The expert affidavit submitted by plaintiff in support of the motion fails to raise a triable issue of fact (see, Mendes v Whitney-Floral Realty Corp., 216 AD2d 540, lv denied 87 NY2d 803) that would support a motion to renew based on new facts (CPLR 2221 [e] [2]). Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.

Marte v. City of New York, 292 A.D.2d 311, 739 N.Y.S.2d 267, 2002 N.Y. App. Div. LEXIS 3256 (N.Y. Ct. App. 2002).

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292 A.D.2d 311 (Marte v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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