Opinion
05-19-2016
Rujiao OYANG, Plaintiff–Appellant, v. NYU HOSPITAL CENTER, et al., Defendants–Respondents.
Law Office of Aihong You, New York (Aihong You of counsel), for appellant. Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for NYU Hospital Center, James P. Levine, M.D. and NYU Plastic Surgery Associates LLP, respondents. Rawle & Henderson, LLP, Mineola (James Modzelewski of counsel), for Manhattan Maxillofacial Surgery, P.L.L.C. and David L. Hirsch, D.D.S., M.D., respondents.
Law Office of Aihong You, New York (Aihong You of counsel), for appellant. Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for NYU Hospital Center, James P. Levine, M.D. and NYU Plastic Surgery Associates LLP, respondents.
Rawle & Henderson, LLP, Mineola (James Modzelewski of counsel), for Manhattan Maxillofacial Surgery, P.L.L.C. and David L. Hirsch, D.D.S., M.D., respondents.
Order, Supreme Court, New York County (Peter H. Moulton, J.), entered November 26, 2014, which, to the extent appealed from, granted defendants' CPLR 3211 motion to dismiss the complaint, and denied in part plaintiff's cross motion to amend the complaint, and order, same court and Justice, entered February 19, 2015, which, to the extent appealable, denied plaintiff leave to renew the November 26, 2014 order, unanimously affirmed, without costs.
The motion court correctly granted defendants' motion to dismiss the complaint (see e.g. Fownes Bros. & Co., Inc. v. JPMorgan Chase & Co., 92 A.D.3d 582, 939 N.Y.S.2d 367 [1st Dept.2012] ), denied plaintiff's cross motion to amend the complaint (see e.g. Bag Bag v. Alcobi, 129 A.D.3d 649, 13 N.Y.S.3d 37 [1st Dept.2015] ) and denied plaintiff's motion to renew the order on the motion to dismiss (CPLR 2221[e][2] and [3 ] ). Plaintiff's claims and proposed claims of lack of informed consent, negligence, breach of an oral contract, and promissory estoppel are legally insufficient or are defeated by documentary evidence. In the absence of a viable claim against the individual defendants, no claim for vicarious liability lies.
To the extent plaintiff purports to appeal from the denial of reargument, no appeal lies (Fruchtman v. City of New York, 129 A.D.3d 500, 11 N.Y.S.3d 582 [1st Dept.2013] ).
We have considered the remaining arguments and find them unavailing.
SWEENY, J.P., RENWICK, ANDRIAS, KAPNICK, KAHN, JJ., concur.