From Casetext: Smarter Legal Research

Spear v. Herbert

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 558 (N.Y. App. Div. 1989)

Opinion

July 3, 1989

Appeal from the Supreme Court, Orange County (Patsalos, J.).


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

The denial of the plaintiffs' motion, characterized as one for renewal and reargument of the defendants' motion for summary judgment, is not appealable because it was not based upon new facts which were unavailable at the time they submitted their original opposition to the defendants' motion, and it is therefore actually a motion to reargue (see, e.g., Mgrditchian v Donato, 141 A.D.2d 513; Matter of Bosco, 141 A.D.2d 639). In any event, the motion was properly denied since the plaintiffs failed to offer any valid excuses for not submitting the additional known facts in defense of the original motion (see, Mayer v McBrunigan Constr. Corp., 123 A.D.2d 606; Caffee v Arnold, 104 A.D.2d 352). Kunzeman, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.


Summaries of

Spear v. Herbert

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 558 (N.Y. App. Div. 1989)
Case details for

Spear v. Herbert

Case Details

Full title:ELMER J. SPEAR et al., Appellants, v. ROBERT E. HERBERT et al., Respondents

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

Date published: Jul 3, 1989

Citations

152 A.D.2d 558 (N.Y. App. Div. 1989)

Citing Cases

Wavecrest Apartments Corp. v. Jarmain

The motion, denominated as one for "renewal and reargument", was in fact, for reargument only, because there…

Stein v. County of Westchester

Ordered that the appeal is dismissed, with costs. Since the plaintiff's motion was not based upon new facts…