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ACEVEDO v. NURMAMATOV

Index No. 155758/19, Appeal No. 16143, Case No. 2021-04299.

206 A.D.3d 488 (2022)

168 N.Y.S.3d 317

2022 NY Slip Op 03961

Arturo Acevedo, Appellant, v. Farrukh Nurmamatov et al., Defendants, and Donjeta Tominaj, Respondent.

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

Decided June 16, 2022.

Attorney(s) appearing for the Case

Lerner, Arnold & Winston, LLP, New York (Jacob L. Levine, of counsel) for appellant.

Law Office of Kevin J. Philbin, New York (Rosemary S. Ortiona, of counsel) for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.

The court providently exercised its discretion in denying leave to renew. Plaintiff failed to provide a reasonable justification for his failure to assert or to present, in opposing the motion to sever, his doctor's report dated August 28, 2018, showing that the September 22, 2017 accident exacerbated the injuries that he sustained in the May 13, 2017 accident (CPLR 2221[e][3]). These facts were previously known to plaintiff, as the report pre-dated the filing of the motion...

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