Goyzueta v. Urban Health Plan, Inc.

Full title: FRANZ GOYZUETA, Appellant, v. URBAN HEALTH PLAN, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 7, 1998

256 A.D.2d 307 (N.Y. App. Div. 1998)

681 N.Y.S.2d 761

Opinion

December 7, 1998

Appeal from the Supreme Court, Queens County (Lisa, J.).

Ordered that the order is affirmed, with costs.

While it generally is true that a motion to renew must be based on newly-discovered facts, courts have discretion to grant this relief in the interest of justice, although not all of the requirements are met ( see, Strong v. Brookhaven Mem. Hosp. Med. Ctr., 240 A.D.2d 726; Oremland v. Miller Minutemen Constr. Corp., 133 A.D.2d 816). It was proper for the Supreme Court, upon renewal, to vacate the judgment which had been entered in favor of the plaintiff and order a trial de novo.

Bracken, J. P., Copertino, Santucci and Altman, JJ., concur.