Opinion
January 25, 1999
Appeal from the order of the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from, an order denying reargument.
The plaintiff's in this slip and fall case did not offer a valid excuse for their failure to offer the testimony of a co-worker of the injured plaintiff when the defendant's motion for summary judgment was submitted. Accordingly, the plaintiffs' motion, which was denominated as one for renewal, was, in fact, one for reargument, the denial of which is not appealable ( see, McNeil v. Wagner Coll., 246 A.D.2d 516; King v. Rockaway One Co., 202 A.D.2d 395; Chiarella v. Quitoni, 178 A.D.2d 502).
Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.