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CLEMONS v. GLICKSMAN

25 A.D.3d 468 (2006)

808 N.Y.S.2d 663

LARRY CLEMONS, as Administrator of the Estate of JENNIFER CLEMONS, Deceased, Appellant, v. ROSLYNN GLICKSMAN, M.D., et al., Respondents.

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

January 19, 2006.

While "new facts" existed to support a motion for renewal, viz., Dr. Rudelli's alleged retention as an expert by plaintiff, this retention would not "change the prior determination" (CPLR 2221 [e] [2]) since an expert may always be deposed "upon a showing of special circumstances" (CPLR 3101 [d] [1] [iii]).

We have considered plaintiff's remaining arguments and find them...

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