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BAIS RABBENU v. 26 ADAR N.B. CORP.

282 A.D.2d 642 (2001)

723 N.Y.S.2d 711

CONG. BAIS RABBENU, Appellant, v. 26 ADAR N.B. CORP. et al., Respondents.

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

Decided April 23, 2001.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.

The plaintiff's motion, characterized as one for renewal, was not based upon new facts that were unavailable at the time of its motion for summary judgment. Accordingly, the plaintiff's motion was, in fact, one to reargue, the denial of which is not appealable (see, Frisenda v X Large Enters.,

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