Appellate Division of the Supreme Court of New York, 1997

High v. County of Westchester

Appellate Division of the Supreme Court of New York · Decided April 21, 1997

238 A.D.2d 476; 657 N.Y.S.2d 918; 1997 N.Y. App. Div. LEXIS 4012

Cases that cite this one

4 later published cases cite this decision.

Peralta v. All Weather Tire Sales & Service, Inc. (Appellate Division of the Supreme Court of New York 2009)
Best Payphones, Inc. v. Department of Information Technology & Telecommunications of City of New York (Appellate Division of the Supreme Court of New York 2003)
Fafinski v. Sherwin (Appellate Division of the Supreme Court of New York 1997)
Segale v. Nu Wave Marine, Inc. (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered March 19, 1996, which denied her motion denominated as one for leave to renew her prior motion for summary judgment, but which was, in actuality, a motion for reargument.

Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff did not offer a valid excuse for failing to submit to the court on her original motion for partial summary judg*477ment the additional facts upon which this motion, denominated as one to renew, is based. Accordingly, the motion should properly be denominated as one for reargument, the denial of which is not appealable (see, King v Rockaway One Co., 202 AD2d 395; Chiarella v Quitoni, 178 AD2d 502; Foley v Roche, 68 AD2d 558, 568). Bracken, J. P., Pizzuto, Florio and McGinity, JJ., concur.

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