Opinion
December 1, 1997
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the appeal is dismissed, with costs.
The plaintiffs have failed to offer a valid explanation as to why their purportedly newly-discovered evidence was not submitted in opposition to the original motion for summary judgment dismissing the complaint. Accordingly, the plaintiffs' motion, which was characterized as one for renewal and reargument, was not based on new facts which were unavailable at the time of the original motion. Therefore, their motion was really a motion to reargue, the denial of which is not appealable ( see, Bossio v. Fiorillo, 222 A.D.2d 476; Iadarola v. Orthopedic Inst., 202 A.D.2d 393; Matter of Pellegrino, 201 A.D.2d 653).
Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.