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Gilewicz v. Brylin Hosp.
Citation: 2018 NY Slip Op 4228Docket: 740 CA 17-02032
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 2018; New York; State Appellate Court
Original Court Document: View Document
In Gilewicz v. Brylin Hospital, the Appellate Division, Fourth Department, addressed an appeal from an order of the Supreme Court of Erie County that denied the plaintiff's motion for leave to renew and reargue his medical malpractice action against Brylin Hospital, Dr. Kang Balvinder, and Buffalo General Hospital. The court affirmed the order, stating that the appeal regarding the denial of leave to reargue was dismissed as no appeal lies from such a denial. The plaintiff's motion for renewal was denied because he did not provide new facts that had not been previously presented, which would warrant a change in the court's prior determination. The court noted that the facts the plaintiff claimed were new had already been known to him and were presented during the oral arguments on the defendants' motions for summary judgment. The ruling emphasizes the necessity for a party seeking renewal to demonstrate the existence of new evidence that could alter the outcome of the case, as outlined under CPLR 2221(e)(2). The final order was entered on June 8, 2018, with no costs awarded to either party.