SANTAMARIA v. SCHWARTZ


238 A.D.2d 569 (1997)

657 N.Y.S.2d 68

Jeannette Santamaria et al., Appellants, v. Peter Schwartz, Respondent

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

April 28, 1997


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

Contrary to the plaintiffs' contentions, the Supreme Court did not err in treating their motion, denominated as one for renewal, as one for reargument. The so-called renewal motion was not based upon either new facts or proof which was unavailable when the original motion was made (see, CPLR 2221; Spa Realty Assocs. v Springs Assocs.,

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