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HABERMAN v. WRIGHT

295 A.D.2d 142 (2002)

742 N.Y.S.2d 835

SIMON V. HABERMAN, Appellant, v. DEBORAH C. WRIGHT et al., Respondents, et al., Defendants.

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

Decided June 6, 2002.

The appeal must be dismissed since orders denying reargument are not appealable (see, Cross v Cross, 112 A.D.2d 62, 64). Although the motion was denominated by plaintiff as one "to renew and/or reargue," it was one only to reargue, since no new facts were alleged (see, CPLR 2221 [e] [2]), and only an error of law urged in the retroactive application of RPTL 489 (7) (b) (2) (see...

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