MATTER OF VAZQUEZ v. ZUCKER

8495. 260114/17.

169 A.D.3d 576 (2019)

92 N.Y.S.3d 879

2019 NY Slip Op 01345

In the Matter of Myrna Vazquez, as Administratrix of the Estate of Luis Vazquez, Deceased, Appellant, v. Howard A. Zucker, M.D., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 26, 2019.


In support of petitioner's motion to renew and reargue, she failed to allege any new or previously unavailable facts (CPLR 2221 [e] [2]). Accordingly, petitioner's motion was solely one to reargue, the denial of which is not appealable (see Lichtman v Mount Judah Cemetery, 269 A.D.2d 319, 320 [1st Dept 2000], lv dismissed in part and denied in part 95 N.Y.2d 860 [2000]).

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