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WOLF v. PIAMENTA

222 A.D.2d 579 (1995)

636 N.Y.S.2d 649

Frances Wolf, Respondent, v. Moshe Piamenta et al., Appellants

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

December 18, 1995

Ordered that the appeal is dismissed, with costs, as no appeal lies from an order denying reargument.

Contrary to the defendants' contention, the Supreme Court correctly concluded that the defendants' motion, denominated as a motion for renewal/reargument, was essentially a motion to reargue, since it was not based upon new facts unavailable at the time of the original motion (see, Rebell v Trask, 220 A.D.2d 594)....

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