Montan v Saint Vincent's Catholic Med. Ctr.

2011 NY Slip Op 00619

Decided on February 3, 2011

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 3, 2011
Saxe, J.P., Friedman, Catterson, Acosta, Richter, JJ.
4177 7944/05






Koehler & Isaacs, LLP, New York (Raymond J. Aab of
counsel), for appellant.
Garfunkel Wild, P.C., Great Neck (Wilhelmina A. de Harder of
counsel), for St. Vincent's Midtown Hospital, respondent.
Martin Clearwater & Bell LLP, New York (Stewart G. Milch
of counsel), for Dr. Ramon Tallaj, respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 29, 2009, which, insofar as appealed from as limited by the brief, granted plaintiff's motion to renew her prior application to certify a class and defendants-respondents' respective motions to dismiss the RICO causes of action, and, upon renewal, adhered to the original determinations, unanimously affirmed, without costs.

The motion court correctly found that the new facts presented by plaintiff are "not very different" from those previously alleged, and do not warrant a change in the prior determination (CPLR 2221[e][2]). Plaintiff does not allege any injury recoverable under RICO (18 USC § 1964[c]) (see Laborers Local 17 Health and Benefit Fund v Philip Morris, Inc., 191 F3d 229, 241 [2d Cir 1999], cert denied 528 US 1080 [2000]), and New York does not recognize an independent tort cause of action for civil conspiracy (see Jebran v LaSalle Bus. Credit, LLC, 33 AD3d 424, 425 [2006]). Plaintiff failed to satisfy the statutory prerequisites for class certification (see CPLR 901; 902).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 3, 2011[*2]

CLERK