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SYED v. FEDOR

302 A.D.2d 451 (2003)

753 N.Y.S.2d 750

HUSAN SYED, Appellant, v. RICHARD FEDOR et al., Respondents.

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

Decided February 10, 2003.

Ordered that the appeal is dismissed, with costs.

The plaintiff's motion, denominated as one for leave to renew and reargue the prior motion, was not based on new facts which were unavailable at the time of the original motion. Therefore, the motion was actually one for leave to reargue, the denial of which is not appealable (see Lopez v Lincoln Appliances, Bedding & Furniture, 300 A.D.2d 451; Aloi v Silipo Welding...

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