Ordered that the appeal is dismissed, with costs.
The defendant's motion, denominated as one to vacate a prior judgment of the same court and treated by the court as one for renewal of the plaintiff's summary judgment motion, was based on evidence which could have been raised at the time of the summary judgment motion. Since the defendant offered no excuse for its failure to present the evidence at that time, the motion was, in actuality, a motion to reargue the plaintiff's summary judgment motion, the denial of which is not appealable (see, Bartolo v South Nassau Communities Hosp., 198 A.D.2d 204; McElroy v. Guida, 196 A.D.2d 859; Stein v. County of Westchester, 172 A.D.2d 742). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.