NAVARETTE v. ALEXIADES

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

Apr 15, 2008

Judgment

CaseIQ

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Ordered that the appeal is dismissed, with one bill of costs to the respondents.

The plaintiffs motion, which was denominated as for one for leave to renew and reargue, was not based on new facts ( see CPLR 2221 [e]; Trahan v Galea, 48 AD3d 791). Therefore, the motion, denominated as one for leave to renew and reargue, was, in actuality, one for leave to reargue, the denial of which is not appealable ( see Trahan v Galea, 48 AD3d 791; Eight In One Pet Prods, v Janco Press, Inc., 37 AD3d 402).