Northern Assurance Company of Am. v. Holden

Full title: NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant, v. ERNEST HOLDEN, Doing…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 28, 1992

179 A.D.2d 569 (N.Y. App. Div. 1992)

Opinion

January 28, 1992

Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).

The IAS court correctly concluded that the motion, although characterized as one for renewal, sought reargument. As such, the denial of the motion is not appealable, and the fact that plaintiff denominated it as a motion for renewal does not make it so (Matter of Biscaglio v. Roshan Taxi, 43 A.D.2d 919). Plaintiff failed to allege new facts for the court's consideration. The affidavit from its audit supervisor, claimed to be dispositive, was merely cumulative of other information that had already been presented to the court.

Concur — Sullivan, J.P., Kupferman, Ross and Kassal, JJ.