It is not uncommon for a defendant in a medical malpractice case in New York to seek dismissal of the plaintiff’s case via a motion for summary judgment. When a plaintiff’s claims are dismissed by a court via summary judgment, the plaintiff may be able to appeal if the evidence of record demonstrates the court ruled incorrectly. If a plaintiff fails to produce evidence in opposition to a motion for summary judgment, though, he or she must file a motion for leave to renew to ask the court to consider the new evidence. In a recent emergency room malpractice case, a New York court discussed the grounds for granting a motion for leave to renew following the dismissal of a claim. If you were harmed by negligent care in an emergency room, it is advisable to engage a knowledgeable Syracuse emergency room malpractice attorney who will gather the evidence needed to provide you with a strong chance of a winning outcome.
It is reported that the plaintiff visited the emergency department of the defendant medical center for a laceration on his right hand. While he was at the defendant medical center, he was treated by a physician’s assistant. Due to unspecified harm, the plaintiff eventually filed a medical malpractice claim against the defendant. The defendant ultimately filed a motion for summary judgment. In opposition to the motion, the plaintiff produced an expert affidavit from an orthopedist. The court granted the motion for summary judgment. The plaintiff then filed a motion for leave to renew his opposition to the defendant’s motion for summary judgment and attached an expert affidavit from a physician’s assistant. The court denied the plaintiff’s motion, and the plaintiff appealed.
Grounds for Granting a Motion for Leave to Renew
In New York, a motion for leave to renew must be based on new facts that were not presented in the prior motion, but that are sufficient to change the court’s prior ruling. It is within the court’s discretion as to whether to grant a motion that arises out of facts that were within the moving party’s knowledge at the time of the prior motion. Regardless of whether the motion is based on facts that were known to the moving party at the time of the original motion, however, the motion for leave to renew must nonetheless set forth a reasonable justification for failing to present such facts during the pendency of the prior motion.
In the subject case, the plaintiff did not offer any justification for his failure to present the facts contained in the second affidavit in opposition to the original motion. Further, the appellate court noted that a newly retained expert is not a proper basis for renewal. Thus, the appellate court affirmed the trial court ruling.
Meet with a Dedicated Syracuse Attorney
If you suffered harm due to incompetent treatment in an emergency room, you may be owed damages and should meet with an attorney to assess your possible claims. The dedicated Syracuse emergency room malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers possess the skills and resources to help you present a winning case, and we will work tirelessly on your behalf. We can be contacted via our online form or at 833-200-2000 to set up a conference.