Opinion
March 13, 1995
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the appeal is dismissed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The information submitted by the plaintiff was known to it at the time the original motion and cross motion were made. The plaintiff offered no excuse for its failure to submit such evidence on the original motion. Consequently, the plaintiff's motion was, in effect, for reargument (see, DeFreitas v. Board of Educ., 129 A.D.2d 672; Brann v. City of New York, 96 A.D.2d 923; Champlain Val. Elec. Supply Co. v. Miller, 89 A.D.2d 1036; Foley v. Roche, 68 A.D.2d 558). Since no appeal lies from an order denying reargument, the appeal must be dismissed. Thompson, J.P., Lawrence, O'Brien and Krausman, JJ., concur.