KIRCHMEYER v. SUBRAMANIAN


167 A.D.2d 851 (1990)

Adella Kirchmeyer, Individually and as Administratrix of The Estate of Brian Kirchmeyer, Deceased, Appellant, v. S. Subramanian et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1990


Order reversed on the law without costs and motion granted.

Memorandum:

We find that, under the circumstances of this case, the affidavit of decedent's physician, proffered in support of the motion, constituted the presentation of additional facts which sufficed to make plaintiff's motion a motion to renew (see, Roberts v Narcissus Boutique, 72 A.D.2d 808). Therefore, this appeal is properly before us since...

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