Ordered that the appeal is dismissed, with costs.
The plaintiff's motion, denominated as one for leave to reargue and renew, was based upon evidence which could have been discovered earlier with due diligence. Since the plaintiff failed to proffer a reasonable excuse for her failure to present such evidence on the prior motion, the Supreme Court properly deemed it a motion for leave to reargue, the denial of which is not appealable (see EMC Mtge. Corp. v. Stewart...
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