WINTER MANAGEMENT CORP. v. PERLBINDER

The IAS court correctly denied the motion to set aside the appraisal as no longer connected with the remedy invoked in the action (Matter of Cammaratta, 60 Misc.2d 521, 523). In any event, absent a showing of fraud, bias or bad faith, there is no basis to set aside the appraisal (Olympia York 2 Broadway Co. v. Produce Exch. Realty Trust, 93 A.D.2d 465). No such showing is made here. That portion of the order as denied reargument is non-appealable (Cross v. Cross, 112 A.D.2d 62). Nor were any new facts presented such that the motion could be deemed one for renewal. We have previously passed on an aspect of this matter ( 149 A.D.2d 310).

Concur — Wallach, J.P., Kupferman, Ross, Asch and Rubin, JJ.