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

Hughes Hubbard & Reed LLP, New York (Hannah Miller of counsel), for respondent.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about July 14, 2020, which, insofar as appealable, upon granting renewal, adhered to its prior determination granting petitioner pending foreign action disclosure under CPLR 3102 (e) from respondent New York Presbyterian Hospital (NYPH), unanimously affirmed, without costs.

The motion court providently ordered production of certain materials for genetic testing for an action pending in Lebanon (see Matter of Ayliffe & Cos., 166 AD2d 223 [1st Dept 1990], lv denied 76 NY2d 714 [1990]). Although the foreign action was dismissed on procedural grounds, petitioner submitted uncontested evidence that under Lebanese law, an action is considered pending until after all appeals are exhausted, and that leave to appeal the dismissal of his action in Lebanon was granted. The remaining contentions of NYPH are not properly before this Court. Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ. [Prior Case History: 2020 NY Slip Op 32306(U).]