| Hands On Physical Therapy Care, as Assignee of Neale, Tracy v Nationwide Ins. |
| Motion No: 2021-00327 KC |
| Slip Opinion No: 2025 NY Slip Op 69357(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. |
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
| Hands On Physical Therapy Care, as Assignee of Neale, Tracy, Appellant, v Nationwide Ins., Respondent. |
Motion by respondent for, in effect, leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, dated April 15, 2021, which was determined in a decision and order of this court dated August 12, 2022.
Upon the papers filed in support of the motion and the papers 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