Kagan v. Alpert

Full title: S. WALLACE KAGAN et al., Appellants, v. MORTON ALPERT et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 4, 1985

109 A.D.2d 910 (N.Y. App. Div. 1985)

Opinion

March 4, 1985

Motion to dismiss appeal granted, without costs. We are of the view that plaintiffs' motion was actually one for reargument, not renewal, since plaintiffs failed to present any additional material facts which existed at the time the prior motions were made but were not then known to the plaintiffs ( see, Smith v Smith, 97 A.D.2d 932). Since the denial of a motion for reargument is not appealable, the appeal must be dismissed ( see, Roy v National Grange Mut. Ins. Co., 85 A.D.2d 832). Kane, J.P., Main, Casey, Mikoll and Levine, JJ., concur.