Hermine A. Patterson etc., Plaintiff–Appellant, v. Beth Abraham Nursing Home, Defendant–Respondent. (2023)

Supreme Court, Appellate Division, First Department, New York.

Hermine A. Patterson etc., Plaintiff–Appellant, v. Beth Abraham Nursing Home, Defendant–Respondent.

Index No. 303495 /16E

Decided: March 07, 2023

Renwick, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ.

Roger M. Newyear, Bronx, for appellant.

Vaslas Lepowsky & Hauss LLP, Staten Island (Edward F. Humphries of counsel), for respondent.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about February 7, 2022, which denied plaintiff's motion to renew her previous motion to strike defendant's answer, unanimously affirmed, without costs.

The court properly denied plaintiff's motion to renew, as defendant's alleged noncompliance with the order resolving the underlying motion does not provide a basis for a motion to renew (see CPLR 2221[e][2], [3] ). To the extent plaintiff's motion sought relief pursuant to CPLR 3126, the court providently exercised its discretion in denying the request to strike defendant's answer because defendant had satisfied its obligation to provide all relevant documents within its possession and control and an affidavit concerning its search for responsive documents (see Youwanes v. Steinbrech, 193 AD3d

492, 492 [1st Dept 2021] ).

We have considered plaintiff's remaining arguments and find them unavailing.

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