Opinion
October 2, 1995
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the appeal from so much of the order as denied that branch of the defendant's motion which was for "reargument" is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
The branch of the defendant's motion which was for "reargument" was properly treated as such, since it was based upon facts available at the time the original motion was made (see, Matthews v. New York City Hous. Auth., 210 A.D.2d 205; Mgrditchian v. Donato, 141 A.D.2d 513). No appeal lies from an order denying reargument (see, DeFreitas v. Board of Educ., 129 A.D.2d 672).
The defendant's assertion that the Supreme Court lacked subject matter jurisdiction over this action is without merit (see generally, Thrasher v. United States Liab. Ins. Co., 19 N.Y.2d 159). Mangano, P.J., Joy, Krausman and Florio, JJ., concur.