Salman v. Rosario
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
As an initial matter, while plaintiff’s doctors’ conclusions were arguably based on medical information previously available and she could arguably have included this information in her original motion, a court has latitude, in the interest of justice, to grant renewal, even on facts known to the movant at the time of the original motion (see Rancho Santa Fe Assn. v Dolan-King, 36 AD3d 460 [2007]). Here, plaintiffs lawyer avers that she was unable to locate the records from Crotona Heights Medical, the initial treating facility after her emergency room visit, in time to submit those papers in…
2Cases cited21 opinions
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