Majority
p. 983Empire Insurance Company, as Subrogee of G. & C. Photopoulos Realty Co., Inc., Respondent, v Food City, Inc.,
p. 984Doing Business as Fine Fair Supermarket, et al., Appellants.
Appeal unanimously dismissed without costs. Memorandum: Defendants’ motion, designated one to "renew”, was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v Bedford Textile Prods., 89 AD2d 576 ; see also, Gulledge v Adams, 108 AD2d 950 ). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2221:9, at 185; see, Fahey v County of Nassau, 111 AD2d 214 ). (Appeal from order of Supreme Court, Kings County, Williams, J.—renew motion.) Present—Dillon, P. J., Doerr, Boomer, Pine and Davis, JJ.
Cases cited
- Gulledge v. Adams 108 AD2d 950 p. 984
- Fahey v. County of Nassau 111 AD2d 214 p. 984