Derby v. Bitan

OPINION OF THE COURT

James D. Pacones, J.

Defendant Dr. Fabian Bitan moves pursuant to CPLR 2221 for renewal of his summary judgment motion for good cause shown, and upon renewal, for an order pursuant to CPLR 3212 dismissing the plaintiffs complaint with prejudice. The plaintiff opposes the defendant’s motion.

*518The defendant’s motion for summary judgment was granted by this court on the merits pursuant to a decision and order dated August 18, 2010 and the plaintiff’s complaint was dismissed. On appeal, the Appellate Division reversed this court’s decision and found that the defendant’s motion…