Opinion
Filed March 29, 2000.
Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.
PRESENT: GREEN, J. P., HAYES, HURLBUTT AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendants' motion for summary judgment dismissing the complaint. Defendants established their entitlement to judgment by submitting evidence that they did not negligently supervise decedent and that decedent was not sexually assaulted while in their care. In opposition to the motion, plaintiff failed to provide sufficient evidence to raise a triable issue of fact ( see generally, Eddy v. Tops Friendly Mkts ., 91 A.D.2d 1203, affd 59 N.Y.2d 692 ).
The court properly deemed plaintiff's motion for renewal to be one for reargument. No appeal lies from an order denying reargument ( see, Empire Ins. Co. v. Food City , 167 A.D.2d 983, 984 ). In any event, plaintiff's motion to renew was properly denied. Plaintiff did not provide a reasonable explanation for her failure to submit the alleged additional facts in opposition to defendants' motion for summary judgment dismissing the complaint ( see, Tedaldi v. Lerner , 172 A.D.2d 603 ; Lansing Research Corp. v. Sybron Corp ., 142 A.D.2d 816, 819 ; Hugelmaier v. Town of Sweden , 101 A.D.2d 996, appeal dismissed 63 N.Y.2d 909 ).