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CARSON v. NEW YORK CITY TRANSIT AUTH.

237 A.D.2d 242 (1997)

655 N.Y.S.2d 387

Edward Carson, Appellant, v. New York City Transit Authority, Respondent

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

March 3, 1997

Ordered that the appeal is dismissed, with costs.

When a motion denominated as one to renew is predicated upon information which could have been raised at the time of the original motion and was not, and the plaintiff has offered no excuse for failing to present the evidence at that time, the motion to renew is in actuality a motion to reargue, the denial of which is not appealable (Marine Midland Bank v Freedom Rd. Realty...

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