Appeal from order by defendants J. Robert Roth Associates, Inc., and Roth unanimously dismissed and otherwise order affirmed with costs.
Memorandum:
Since the motion of defendants Jay Robert Roth and J. Robert Roth Associates, Inc., relied on the same argument advanced in their prior motion and presented no new matter which was unavailable to them prior to the denial of such previous motion, the motion was, in reality, a motion to reargue (see, Empire...
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