Ordered that the appeal from the order dated March 25, 1991, is dismissed; and it is further,
Ordered that the order dated December 20, 1990 is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiffs-respondents are awarded one bill of costs.
In support of their motion for summary judgment, the plaintiffs established that their property was subject to a mortgage held by the defendants Esther Shur and Phil Weingarten. The mortgage secured a note of $225,000 which, by its terms, was subject to an annual interest rate of 16%. The plaintiffs additionally established that the defendants had only advanced $213,750 in loan proceeds. The plaintiffs therefore established, prima facie, that the loan was usurious (see, General Obligations Law §§ 5-501, 5-511; Band Realty Co. v. North Brewster, Inc., 37 N.Y.2d 460). The defendant Shur's bald conclusory assertion that "[a]ny deductions made from the advance * * * were for application fees, appraisal fees and legal fees" is totally unsupported by evidentiary proof in the record and is expressly contradicted by an affirmation of the attorney who represented the defendants at the mortgage closing. Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment (see, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065; cf., Hammelburger v. Foursome Inn Corp., 76 A.D.2d 646, mod 54 N.Y.2d 580).
After the Supreme Court granted the plaintiffs' motion, the defendants moved to "renew and reargue". The defendants' motion was, in part, supported by documentary evidence that they did not submit in opposition to the plaintiffs' original motion. Because the defendants offered no excuse for their failure to come forward with this evidence on the original motion, their motion was, in fact, for reargument only. The denial of such a motion is not appealable and, accordingly, the appeal from the order dated March 25, 1991, is dismissed (see, Jacondino v. Lovis, 186 A.D.2d 109; Wavecrest Apts. Corp. v. Jarmain, 183 A.D.2d 711).
We have considered the parties' remaining contentions and find them to be without merit. Mangano, P.J., Rosenblatt, Ritter and Santucci, JJ., concur.