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DAGNINO v. KEY BANK

2018-12945. Index No. 50883/15.

200 A.D.3d 758 (2021)

155 N.Y.S.3d 128

2021 NY Slip Op 06834

Linda A. Dagnino, Plaintiff, v. Key Bank, Appellant, and Village of Red Hook, Respondent, et al., Defendant.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY ( Louise M. Cherkis of counsel), for appellant.

Hinds-Radix, J.P., Duffy, Barros and Christopher, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements.

Although the appellant characterizes its motion as one for leave to reargue and renew, that motion was not based upon new facts and was, therefore, a motion for leave to reargue, the denial of which is not appealable (see Olson v Russell, 35 A.D.3d 684 [2006]). Accordingly, the appeal must...

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