Opinion
June 5, 1992
Appeal from the Supreme Court, Genesee County, Morton, J.
Present — Green, J.P., Pine, Boehm, Fallon and Davis, JJ.
Appeal from order insofar as it denied reargument unanimously dismissed without costs and otherwise order affirmed. Memorandum: Supreme Court properly denied plaintiffs' motion insofar as it sought renewal of the original motion. The new evidence upon which plaintiffs purported to rely was not newly discovered and plaintiffs failed to offer an explanation for their failure to submit that evidence in opposition to defendant's original motion (see, Diaz-Tirado v. Rivera, 169 A.D.2d 576, 577, lv dismissed 77 N.Y.2d 989; Matter of Beiny, 132 A.D.2d 190, 210, lv dismissed 71 N.Y.2d 994; Foley v. Roche, 68 A.D.2d 558, 568). The court's denial of plaintiffs' motion insofar as it sought reargument is not properly before us because no appeal lies from an order denying reargument (see, Pennino v. Lasersurge, Inc., 178 A.D.2d 939; Empire Ins. Co. v. Food City, 167 A.D.2d 983; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2221:9, at 185).