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Navarette v Alphonse Hotel Corp.
2006 NY Slip Op 51555(U) [12 Misc 3d 147(A)]
Decided on August 10, 2006
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 10, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ
570068/06.

Ramon Tubilla Navarette, Plaintiff-Respondent,

against

Alphonse Hotel Corporation, Defendant-Appellant.


Defendant appeals from an order of the Civil Court, New York County (Jeffrey K. Oing, J.), entered April 13, 2005, which directed defendant to supply plaintiff with insurance coverage information, and from an order (same court and Judge), entered December 5, 2005, which denied defendant's motion for clarification, renewal and/or reargument of the prior order.


PER CURIAM

Orders (Jeffrey K. Oing, J.), entered April 13, 2005 and December 5, 2005, affirmed, with $10 costs.

Civil Court properly determined that defendant's
motion was not one for renewal or reargument since it did not seek to change the court's prior determination (see CPLR 2221[d],[e]). Rather, defendant sought a declaration that it had fully complied with the court's discovery directives, a request that was premature in the absence of any objection by plaintiff to defendant's responses. Nor was there any need for "clarification," given the court's unambiguous discovery directives.

This constitutes the decision and order of the court.
I concur I concur I concur
Decision Date: August 10, 2006