Psychology After Acc., P.C., as Assignee of Timothy Jenkins Simmons, Bianca Lawrence, Yolanda Drouillard, Maria Gonzalez & Mercedes Gonzalez v Nationwide Ins. Co. of N. Y.

Psychology After Acc., P.C., as Assignee of Timothy Jenkins Simmons, Bianca Lawrence, Yolanda Drouillard, Maria Gonzalez & Mercedes Gonzalez v Nationwide Ins. Co. of N. Y.

Motion No: 2020-00923 KC

Slip Opinion No: 2025 NY Slip Op 69356(U)

Decided on May 16, 2025

Appellate Term, Second Department, Motion Decision

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

This motion is uncorrected and is not subject to publication in the Official Reports.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

WAVNY TOUSSAINT, P.J.

CHEREÉ A. BUGGS

LISA S. OTTLEY, JJ.

DECISION & ORDER ON MOTION

2020-923 K C

Psychology After Accident, P.C., as Assignee of Timothy Jenkins Simmons, Bianca Lawrence, Yolanda Drouillard, Maria Gonzalez and Mercedes Gonzalez, Respondent, v Nationwide Insurance Company of New York, Appellant.

Motion by appellant for, in effect, leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 18, 2020, which was determined in a decision and order of this court dated May 6, 2022.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

While this motion is denominated as seeking leave to renew, we deem the motion as seeking leave to reargue and deny such relief as untimely. It is noted that a motion for leave to renew a prior motion based upon a change in the law, pursuant to CPLR 2221 (e) (2), may be made in the Civil Court if such motion is made before the entry of a final judgment in the action (see Dinallo v DAL Elec., 60 AD3d 620 [2009]; see also Vinciguerra v Jameson, 208 AD2d 1136, 1137-1138 [1994]; Foley v Roche, 86 AD2d 887 [1982]).

ENTER:

Paul Kenny

Chief Clerk