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NAVARETTE v. ALEXIADES

50 A.D.3d 873 (2008)

855 N.Y.S.2d 649

JORGE NAVARETTE, Appellant, v. MICHAEL ALEXIADES et al., Respondents, et al., Defendants.

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

Decided April 15, 2008.

Ordered that the appeal is dismissed, with one bill of costs to the respondents.

The plaintiff's motion, which was denominated as for one for leave to renew and reargue, was not based on new facts (see CPLR 2221 [e]; Trahan v Galea, 48 A.D.3d 791 [2008]). Therefore, the motion, denominated as one for leave to renew and reargue, was, in actuality, one for leave to reargue, the denial of which is not appealable (see...

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