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LEE v. CONSOLIDATED EDISON COMPANY OF NEW YORK

40 A.D.3d 481 (2007)

835 N.Y.S.2d 580

PING LEE et al., Appellants, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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

Decided May 24, 2007.

The motion was properly deemed to be one for reargument since it raised only matters that had been considered on the prior motion and presented no new facts (CPLR 2221 [d], [e]). Accordingly, the order denying the motion is not appealable (see Wasserman v Eisenberg, 287 A.D.2d 277, 278-279 [2001], lv denied 97 N.Y.2d 613 [2002]). Were we to review plaintiffs' claim that the November...

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