Initially, it is noted that under CPLR 5517 (subd [b]) this court, in reviewing the order entered April 27, 1976, which was appealed from, may also review the subsequent order of Special Term entered August 12, 1976 denying defendant-appellant's cross motion to renew which was inadvertently termed as seeking reargument. A motion based on additional facts, such as a motion to renew, clearly is embraced within CPLR 5517 (subd [a], par 3). Of course "If a timely appeal has...
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