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GOOD SAMARITAN HOSPITAL MEDICAL CENTER, respondent, v. LOUIS RUSCITO, ET AL., defendants, ANNA RUSCITO, appellant.

DECISION ORDER

ORDERED that the appeal from so much of the order as denied that branch of the appellant's motion which was for leave to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

A motion for leave to renew should be denied unless the moving party offers a reasonable excuse as to why the new facts were not submitted on the prior motion (see, CPLR 2221[e]; Palmer v. Toledo, 266 A.D.2d 268). The appellant failed to offer a reasonable justification for her failure to comply with discovery (see, Kilgore v. Rochdale Vil., 252 A.D.2d 516; Mayer v. McBrunigan Constr. Corp., 123 A.D.2d 606).

O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.

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GOOD SAMARITAN HOSPITAL MED. CTR. v. RUSCITO
(Oct 15, 2001)