Opinion
05-25-2017
Peter SICOLI, et al., Plaintiffs–Respondents, v. RIVERSIDE CENTER PARCEL 2 BIT ASSOCIATES, LLC, et al., Defendants–Appellants.
Cornell Grace, P.C., New York (Porsha Johnson of counsel), for appellants. Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for respondents.
Cornell Grace, P.C., New York (Porsha Johnson of counsel), for appellants.
Sacks and Sacks, LLP, New York (Scott N. Singer of counsel), for respondents.
Order, Supreme Court, New York County (David B. Cohen, J.), entered November 25, 2016, which, in this action for personal injuries sustained by plaintiff Peter Sicoli while working at a construction project, denied defendants' motion for leave to renew and reargue the previously granted application of plaintiffs to direct defendants to produce unredacted accident reports, unanimously affirmed, as to the denial of leave to renew, and the appeal therefrom otherwise dismissed, without costs. That part of defendants' motion seeking leave to renew plaintiffs' oral application for the production of unredacted accident report, was properly denied. Defendants did not demonstrate the existence of new facts warranting a change in the motion court's prior determination (see CPLR 2221[e][2] ; Mano Enters., Inc. v. Metropolitan Life Ins. Co., 143 A.D.3d 597, 39 N.Y.S.3d 754 [1st Dept.2016] ). Furthermore we see no reason to alter the court's discovery ruling. The denial of reargument is not appealable (Oyang v. NYU Hosp. Ctr., 139 A.D.3d 531, 30 N.Y.S.3d 548 [1st Dept.2016] ).
TOM, J.P., SWEENY, RICHTER, KAPNICK, WEBBER, JJ., concur.