Branham v R.V. Ambulette, Inc. (2014 NY Slip Op 00432)

Branham v R.V. Ambulette, Inc.

2014 NY Slip Op 00432 [113 AD3d 531]

January 23, 2014

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 5, 2014

Anthony Branham, Sr., Appellant,
v
R.V. Ambulette, Inc., et al., Respondents.

—[*1] Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly of counsel), for appellant.

Cobert, Haber & Haber, LLP, Garden City (David C. Haber of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 18, 2012, which denied plaintiff's motion to renew an order granting defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying renewal (see Inuk Lee v Ogden Allied Maintenance Corp., 226 AD2d 226, 227 [1st Dept 1996], lv dismissed 89 NY2d 916 [1996]; Leonard Fuchs, Inc. v Laser Processing Corp., 222 AD2d 280, 280 [1st Dept 1995]). Plaintiff failed to offer any reasonable excuse for his failure to have the affidavit of a nonparty eyewitness (who was deposed more than 16 months prior to the adjourned return date of defendants' summary judgment motion) available in time to submit in opposition to the summary judgment motion (see Lee, 226 AD2d at 227). Concur—Tom, J.P., Acosta, Andrias, Freedman and Feinman, JJ.