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DAVID TUMMINA et al., Respondents, v. ROYAL CARTING SERVICES, L. L. C., Appellant.

Schulman, J.

Ordered that the appeal from so much of the order dated November 16, 2000, as denied that branch of the defendant's motion which was for leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated June 26, 2000, is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated November 16, 2000, is affirmed insofar as reviewed, without costs or disbursements.

The Supreme Court properly denied the defendant's motion to vacate its default in appearing and answering, as it failed to demonstrate a reasonable excuse for its default ( see, Rosado v Economy El. Co., 236 A.D.2d 598; Miles v Blue Label Trucking Co., 232 A.D.2d 382; Fennell v Mason, 204 A.D.2d 599; Martyn v Jones, 166 A.D.2d 508; Peters v Pickard, 143 A.D.2d 81).

The Supreme Court also properly denied that branch of the motion which was for leave to renew, as the defendant failed to present a reasonable excuse why the additional facts presented were not submitted on the original motion ( see, Lee v. Ogden Allied Maintenance Corp., 226 A.D.2d 226; Cannistra v Gibbons, 224 A.D.2d 570, 571).

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TUMMINA v. ROYAL CARTING SERVICES
(Apr 23, 2001)