Opinion
January 22, 1990
Appeal from the Supreme Court, Queens County (Corrado, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
Although the plaintiff designated its motion as one for renewal, the alleged new facts set forth in its supporting papers were merely cumulative of the facts before the Supreme Court on the prior motion and were considered by that court in reaching its original determination. Therefore, the motion was, in fact, a motion to reargue, the denial of which is not appealable (see, Frank v. Gessel, 108 A.D.2d 896; Ginsberg v. Ginsberg, 104 A.D.2d 482). Moreover, contrary to the plaintiff's contention, the appeal does not bring up for review so much of the prior order, dated April 4, 1988, as denied its motion for summary judgment (see, CPLR 5517). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.