Motion practice.

Practice point: The motion court correctly found that the new facts presented by plaintiff were "not very different" from those previously alleged, and, therefore, did not warrant a change in the prior determination, pursuant to CPLR 2221[e][2].

Students should note that New York does not recognize an independent tort cause of action for civil conspiracy.

The case is Montan v. Saint Vincent's Catholic Med. Ctr., NY Slip Op 00619 (1st Dept. 2011).

Here is the decision.

Tomorrow's issue is statute of frauds.