Opinion
March 7, 1994
Appeal from the Supreme Court, Queens County (Lane, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The defendant failed to offer a valid excuse for not submitting the additional fact upon which the motion was based to the court on its initial motion (see, Foley v. Roche, 68 A.D.2d 558, 568). Therefore, the motion should properly be denominated as one for reargument, the denial of which is not appealable (see, Thrift Assns. Serv. Corp. v. Legend of Irvington Joint Venture, 152 A.D.2d 666, 668). In any event, the fact upon which the defendant relied was not material to the ground upon which the Supreme Court based its denial of the motion for summary judgment (see, Frascatore v Mione, 97 A.D.2d 809; Foley v. Roche, supra). Bracken, J.P., Joy, Hart and Friedmann, JJ., concur.