Frazier v Velez

[*1] Frazier v Velez 2004 NY Slip Op 50278(U) Decided on April 9, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.
NO. 2003-466 K C

RODNEY FRAZIER, CALVIN WISE and JEFFREY HOLMAN, Appellants,

against

LUIS VELEZ, TARION WASHINGTON and VERTAVIUS LUCAS, Respondents.

Appeal by plaintiffs from an order of the Civil Court, Kings County (D. Silber, J.), entered February 13, 2003, which denied their motion to renew and/or reargue an order granting defendants' motions for summary judgment dismissing the complaint.

Appeal unanimously dismissed.

The court below granted defendants' motions for summary judgment on the ground that plaintiffs had failed to oppose the motion by means of medical proof sufficient to raise a triable issue of fact that they sustained a serious injury. Thereafter, plaintiffs made the instant motion, denominated as one for renewal and/or reargument, in which they submit their treating physician's affirmations. Inasmuch as the medical opinions were known and available to plaintiffs at the time the original motions for summary judgment were made, and the plaintiffs did not offer a reasonable excuse for their failure to submit affirmations in opposition to the original motions, plaintiffs' motion was, in effect, one for reargument, the denial of which is not appealable (Holmes v Hanson, 286 AD2d 750 [2002]).
Decision Date: April 09, 2004