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PURCELL v. CITY OF NEW YORK

215 A.D.2d 360 (1995)

626 N.Y.S.2d 966

Frank Purcell, Appellant, v. City of New York, Respondent. (And a Third-Party Action.)

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

May 1, 1995

Ordered that the appeal is dismissed, with costs.

The plaintiff's motion, although denominated as one to "renew", was in effect a motion to reargue, since the plaintiff did not allege any new facts in support of the motion (see, Elias v Handler, 181 A.D.2d 656). As no appeal lies from an order denying reargument, the appeal from the November 8, 1993, order must be dismissed.

We note, in any event, that if this...

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