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NEIKAM v. COUNTY OF SUFFOLK

253 A.D.2d 416 (1998)

675 N.Y.S.2d 900

Michael Neikam, Appellant, v. County of Suffolk et al., Respondents

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

August 3, 1998

Ordered that the appeal is dismissed, with costs.

The Supreme Court denied the plaintiff's motion, denominated as one for renewal and reargument. Inasmuch as this motion was not based upon new evidence which was unavailable upon the original motion, the motion was actually one for reargument (see, Lawless v O'Brien, 222 A.D.2d 657). Thus, the appeal must be dismissed, because...

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