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McKAY v. H.I.P. OF GREATER NEW YORK

163 A.D.2d 280 (1990)

Dorothy N. McKay, Appellant, v. H.I.P. of Greater New York et al., Defendants, and Rochdale Center, Respondent

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

July 2, 1990

Ordered that the appeal is dismissed, with costs.

In the instant case, the plaintiff did not proffer any explanation as to her failure to submit an affidavit from a medical expert establishing a meritorious cause of action on her original motion to vacate her default. Therefore, her motion, denominated a motion to renew, is, in actuality, a motion for reargument, and no appeal lies from the denial of that motion (see, DeFreitas v Board of Educ.,

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