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SINGH v. GENOVESE

14095/04. Appeal No. 15479. Case No. 2021-00848.

203 A.D.3d 479 (2022)

160 N.Y.S.3d 866

2022 NY Slip Op 01430

Khris Singh, Appellant, v. Albert Genovese et al., Respondents.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

The Flomenhaft Law Firm, PLLC, New York (Benedene Cannata of counsel), for appellant.

Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

Plaintiff failed to move to vacate the court's prior discovery orders within a reasonable time (CPLR 5015; see Nash v Port Auth. of N.Y. & N.J., 22 N.Y.3d 220, 225 [2013]), and he has not explained his delay in moving (see Cohn v Nationstar Mtge. LLC, 187 A.D.3d 499, 500 [1st Dept 2020]). In any event, there was no basis under CPLR 5015 to vacate the orders, and indeed, plaintiff's motion failed to specify any grounds...

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