Opinion
July 3, 1989
Appeal from the Supreme Court, Orange County (Patsalos, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The denial of the plaintiffs' motion, characterized as one for renewal and reargument of the defendants' motion for summary judgment, is not appealable because it was not based upon new facts which were unavailable at the time they submitted their original opposition to the defendants' motion, and it is therefore actually a motion to reargue (see, e.g., Mgrditchian v Donato, 141 A.D.2d 513; Matter of Bosco, 141 A.D.2d 639). In any event, the motion was properly denied since the plaintiffs failed to offer any valid excuses for not submitting the additional known facts in defense of the original motion (see, Mayer v McBrunigan Constr. Corp., 123 A.D.2d 606; Caffee v Arnold, 104 A.D.2d 352). Kunzeman, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.