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ONORATO v. SANGIOVANNI

233 A.D.2d 427 (1996)

650 N.Y.S.2d 593

Daniel Onorato, Respondent, v. Lazzaro Sangiovanni et al., Defendants and Third-Party Plaintiffs-Appellants. Sears, Roebuck & Company et al., Third-Party Defendants-Respondents

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

November 18, 1996

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

The defendants' motion, characterized as one for renewal and reargument of their motion for summary judgment dismissing the complaint, actually is a motion to reargue because it was not based upon new facts which were unavailable at the time they submitted their motion for summary judgment (see, Mgrditchian v Donato, 141...

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