NIDIA LOPEZ, plf-res, v. KELLY STREET REALTY, INC., def-ap

10090. NIDIA LOPEZ, plf-res, v. KELLY STREET REALTY, INC., def-ap — White Fleischner & Fino, LLP, New York (Jason S. Steinberg of counsel), for ap — Krieger, Wilansky & Hupart, Bronx (Brett R. Hupart of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 11, 2012, which, insofar as appealed from as limited by the briefs and insofar as appealable, denied defendant's motion to renew, unanimously reversed, on the law, without costs, the motion to renew granted, and, upon renewal, defendant's motion to strike plaintiff's note of issue and for further discovery concerning plaintiff's subsequent injury granted.

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10090. NIDIA LOPEZ, plf-res, v. KELLY STREET REALTY, INC., def-ap — White Fleischner & Fino, LLP, New York (Jason S. Steinberg of counsel), for ap — Krieger, Wilansky & Hupart, Bronx (Brett R. Hupart of counsel), for res — Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 11, 2012, which, insofar as appealed from as limited by the briefs and insofar as appealable, denied defendant’s motion to renew, unanimously reversed, on the law, without costs, the motion to renew granted, and, upon renewal, defendant’s motion to strike plaintiff’s note of issue and for further discovery concerning plaintiff’s subsequent injury granted.

This personal injury action arises from a slip-and-fall accident that occurred on defendant’s premises in June 2008. Plaintiff’s original bill of particulars alleged that she suffered injuries to her back, right leg, and right ankle. Shortly before plaintiff filed the note of issue, defendant received information indicating that she had suffered a subsequent injury to her right ankle. Defendant’s original motion to vacate the note of issue was based, in part, on its demand for discovery sought relating to that subsequent injury. At oral argument, plaintiff’s counsel represented that the subsequent injury was to her left ankle, and thus, a different body part was at issue. Accepting this explanation, the court denied the original motion insofar as it sought to vacate the note of issue, and ordered plaintiff to provide the other outstanding discovery, and a personal affidavit attesting that in her subsequent accident she injured a different body part from that claimed in the subject accident.

NIDIA LOPEZ, plf-res, v. KELLY STREET REALTY, INC., def-ap

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