Opinion
December 7, 1987
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the appeal from the order dated September 8, 1986, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order and judgment entered June 30, 1986 is affirmed; and it is further,
Ordered that the respondents are awarded one bill of costs.
On this record, the Supreme Court did not improvidently exercise its discretion in rejecting the defendant's untimely opposing affidavit to the plaintiffs' motion for partial summary judgment (see, Foitl v G.A.F. Corp., 64 N.Y.2d 911; CPLR 2214 [b]). Mangano, J.P., Bracken, Eiber and Kunzeman, JJ., concur.