DECISION ORDER
ORDERED that the appeal from the order dated January 27, 1999, is dismissed, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the order dated September 11, 1998, is affirmed insofar as appealed from; and it is further,
ORDERED that the respondents are awarded one bill of costs.
The Supreme Court properly dismissed the tenth and twelfth causes of action of the complaint. After the respondents made out a prima facie case for summary judgment, in opposition to the motion, the plaintiff failed to submit proof of damages to substantiate her allegations of fraud and conspiracy to defraud contained in the tenth cause of action. Furthermore, New York does not recognize civil conspiracy as an independent cause of action (see, Walters v. Pennon Assocs., 188 A.D.2d 596 ; Ferguson v. Meridian Distrib., 155 A.D.2d 642 ). The twelfth cause of action, seeking an accounting as to a certain parcel of real property, was predicated upon the ninth cause of action, which alleged fraud in the conveyance of that real property and sought an accounting. Since the ninth cause of action was dismissed upon the determination of a prior motion for summary judgment, the twelfth cause of action had to be dismissed.
The order denying the plaintiff's motion, characterized as one for renewal and reargument, is not appealable. The motion was not based upon new facts which were unavailable at the time of the original motion, and therefore was actually a motion to reargue (see, Cross Sound Ferry Services v. Town of Southold, 263 A.D.2d 524 [2d Dept., July 26, 1999]; DeMeo v. County of Suffolk, 262 A.D.2d 270 [2d Dept., June 1, 1999]).
SULLIVAN, J.P., FRIEDMANN, FEUERSTEIN, and SMITH, JJ., concur.