Court Denies Renewal and Reargument, Upholds Statute of Limitations Dismissal
Shaub, Ahmuty, Citrin & Spratt, LLP is pleased to share another strong appellate-level victory. Congratulations to Lena Holubnyczyj on successfully opposing the plaintiff’s motion for renewal and reargument following the Court’s prior dismissal of the complaint on statute of limitations grounds, originally secured by Kelsey O’Brien.
In denying reargument, the Court confirmed that it had fully considered and correctly applied the law in granting the original motion to dismiss, including the plaintiff’s arguments regarding the continuous treatment doctrine.
The Court also denied renewal, finding that the plaintiff possessed the majority of the purported “new” evidence before opposing the original motion and offered no justification for failing to present it earlier. The Court further held that the remaining materials would not have changed the prior dismissal.
A strong result that preserves the statute of limitations defense and reinforces the finality of the Court’s decision. Excellent advocacy and teamwork!
