Fortune Med., P.C. v Allstate Ins. Co.

[*1] Fortune Med., P.C. v Allstate Ins. Co. 2009 NY Slip Op 52831(U) Decided on August 31, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2009
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2008-887 Q C.

Fortune Medical, P.C. a/a/o Victoria Grineva, Respondent,

against

Allstate Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered April 10, 2008. The order granted plaintiff's motion for leave to renew a prior motion, which sought "an order directing the settlement and clarification" of an order entered October 27, 2006, and, upon renewal, directed the entry of plaintiff's amended proposed judgment.

Order reversed without costs and plaintiff's motion for leave to renew a prior motion denied as moot.

Plaintiff's motion for leave to renew a prior motion, which sought "an order directing the settlement and clarification" of an order entered October 27, 2006, should
have been denied as moot since a judgment incorporating all of the relief sought in the prior motion had been entered on March 31, 2006, before plaintiff made the prior motion. Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: August 31, 2009