Zorn v. Bottino

Appellate Division of the Supreme Court of New York

Zorn v. Bottino

18 A.D.3d 545, 794 N.Y.S.2d 659

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 2005

StatusPublished

This text of 18 A.D.3d 545 (Zorn v. Bottino) 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

Zorn v. Bottino, 18 A.D.3d 545, 794 N.Y.S.2d 659 (N.Y. Ct. App. 2005).

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Opinion

In an action to recover damages for medical malpractice, the defendants Gino C. Bottino, Gino C. Bottino, M.D., EC., and Westchester Hematology and Oncology Associates appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 7, 2004, as (1), upon reargument of their motion to strike the plaintiffs amended verified bill of particulars and preclude the plaintiff from offering proof thereof at trial, adhered to its prior order dated February 11, 2004, denying that motion, and (2) denied that branch of their motion which was for leave to renew.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in adhering to its denial of the appellants’ motion to strike the plaintiff’s amended bill of particulars, and in denying that branch of the appellants’ motion which was for leave to renew. The appellants did not submit an affirmation of good faith in connection with the original motion, as required by 22 NYCRR 202.7. Further, the omission was not cured by the appellants’ subsequent submission asserting that the good-faith effort to resolve the issue was not made until after the motion was brought due to “time constraints” (see Barnes v NYNEX, Inc., 274 AD2d 368 [2000]). Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.

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In an action to recover damages for medical malpractice, the defendants Gino C. Bottino, Gino C. Bottino, M.D., EC., and Westchester Hematology and Oncology Associates appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 7, 2004, as (1), upon reargument of their motion to strike the plaintiffs amended verified bill of particulars and preclude the plaintiff from offering proof thereof at trial, adhered to its prior order dated February 11, 2004, denying that motion, and (2) denied that branch of their motion which was for leave to renew.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in adhering to its denial of the appellants’ motion to strike the plaintiff’s amended bill of particulars, and in denying that branch of the appellants’ motion which was for leave to renew. The appellants did not submit an affirmation of good faith in connection with the original motion, as required by 22 NYCRR 202.7. Further, the omission was not cured by the appellants’ subsequent submission asserting that the good-faith effort to resolve the issue was not made until after the motion was brought due to “time constraints” (see Barnes v NYNEX, Inc., 274 AD2d 368 [2000]). Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.

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Bluebook (online)

18 A.D.3d 545, 794 N.Y.S.2d 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zorn-v-bottino-nyappdiv-2005.

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