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BARTOLO v. SOUTH NASSAU COMMUNITIES HOSPITAL

Appellate Division of the Supreme Court of New York, Second Department.
Nov 1, 1993

Ordered that the appeal is dismissed, with costs.

The appellant's motion, purportedly to renew, was based on facts which could have been raised at the time of the original motion, and the plaintiff offered no excuse for her failure to present this evidence at that time. Therefore, the motion to renew was, in actuality, a motion to reargue, the denial of which is not appealable (see, McElroy v Guida, 196 A.D.2d 859; Incorporated Vil. of Freeport v Sanders, 192 A.D.2d 508; Karas v Shur, 189 A.D.2d 856; Jacondino v Lovis, 186 A.D.2d 109). Bracken, J.P., Rosenblatt, Copertino and Pizzuto, JJ., concur.