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ROBERTS v. CONNELLY

Appellate Division of the Supreme Court of New York, Second Department.
Nov 2, 1970

Appeal from order of the Supreme Court, Queens County, dated October 27, 1969, dismissed, without costs. No new or additional facts were presented in the papers submitted in support of plaintiffs' motion characterized by them as one for "reconsideration". The motion, therefore, was in fact one for reargument of the prior application. An order denying a motion for reargument is not appealable ( Kaplan v. Nadler, 23 A.D.2d 774). Christ, P.J., Martuscello, Latham, Kleinfeld and Brennan, JJ., concur.