Derby v. Bitan

In an action to recover damages for medical malpractice, lack of informed consent, and breach of contract, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated November 28, 2012, which granted the defendant’s motion for leave to renew his prior motion for summary judgment dismissing the complaint and, upon renewal, granted the defendant’s prior motion for summary judgment dismissing the complaint.

*882Ordered that the order is affirmed, with costs.

“A motion for leave to renew is addressed to the sound discretion of the court” (Matheus v Weiss, 20 AD3d 454,…