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KING v. ROCKAWAY ONE CO.

202 A.D.2d 395 (1994)

608 N.Y.S.2d 523

Cleave King, Respondent, v. Rockaway One Company, Appellant

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

March 7, 1994

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

The defendant failed to offer a valid excuse for not submitting the additional fact upon which the motion was based to the court on its initial motion (see, Foley v Roche, 68 A.D.2d 558, 568). Therefore, the motion should properly be denominated as one for reargument, the denial of which is not appealable...

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