Opinion
January 25, 1999.
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the appeal from so much of the order dated February 9, 1998, as denied that branch of the plaintiff's motion which was to reargue, is dismissed, as no appeal lies from an order denying reargument; and it further,
Ordered that so much of the order dated February 9, 1998, as denied that branch of the plaintiff's motion which was for renewal is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Supreme Court granted the motion of the defendant Aetna Life Casualty Company for summary judgment dismissing the complaint insofar as asserted against it and declared that it is not obligated to defend and indemnify the defendant Nicholas Austine in the action entitled Diviney v. 118-07 Realty Corp., pending in the Supreme Court, Queens County, under Index No. 009117-93 ( see, Diviney v. Aetna Life Cas. Co., 257 A.D.2d 643 [decided herewith]). The plaintiff failed to submit any evidence in support of that branch of his motion which was to renew which would justify a departure from the court's original determination.
Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.