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SPEAR v. HERBERT

152 A.D.2d 558 (1989)

Elmer J. Spear et al., Appellants, v. Robert E. Herbert et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 3, 1989

Ordered that the appeal is dismissed, without costs or disbursements.

The denial of the plaintiffs' motion, characterized as one for renewal and reargument of the defendants' motion for summary judgment, is not appealable because it was not based upon new facts which were unavailable at the time they submitted their original opposition to the defendants' motion, and it is therefore actually a motion to reargue (see,...

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