Larry Clemons v Roslynn Glicksman

Clemons v Glicksman 2006 NY Slip Op 00325 [25 AD3d 468] January 19, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

Larry Clemons, as Administrator of the Estate of Jennifer Clemons, Deceased, Appellant,
v
Roslynn Glicksman, M.D., et al., Respondents.

—[*1]

Order, Supreme Court, Bronx County (Stanley Green, J.), entered April 25, 2005, which, to the extent appealable, denied plaintiff's motion to renew an earlier order of the same court and Justice, entered November 8, 2004, and to preclude the deposition of Dr. Rudelli, unanimously affirmed, without costs.

While "new facts" existed to support a motion for renewal, viz., Dr. Rudelli's alleged retention as an expert by plaintiff, this retention would not "change the prior determination" (CPLR 2221 [e] [2]) since an expert may always be deposed "upon a showing of special circumstances" (CPLR 3101 [d] [1] [iii]).

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Andrias, J.P., Saxe, Friedman, Gonzalez and Catterson, JJ.