Opinion
Submitted February 21, 2001.
March 19, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Underwood, J.), dated May 16, 2000, which, upon renewal, granted the defendant's motion for summary judgment dismissing the complaint, and (2) an order of the same court, dated October 16, 2000, which denied her motion, denominated as one for renewal and rearguement, but which was, in actuality, for reargument.
Tierney Tierney, Port Jefferson Sta., N.Y. (George W. Clarke of counsel), for appellant.
Curtis, Vasile, Devine McElhenny, Merrick, N.Y. (Roy W. Vasile of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated October 16, 2000, is dismissed, as no appeal lies from an order denying reargument; and it is further;
ORDERED that the order dated May 16, 2000, is affirmed; and it is further;
ORDERED that the respondent is awarded one bill of costs.
The Supreme Court properly granted the defendant's motion for summary judgment as it demonstrated that it was not provided with prior written notice of the allegedly defective condition which caused the plaintiff to fall (see, Madtes v. Town of Brookhaven, 275 A.D.2d 443; Town Law § 65-a; Town of Brookhaven Code § 84-1; see also, Amabile v. City of Buffalo, 93 N.Y.2d 471). In addition, the Supreme Court properly deemed the plaintiff's motion for renewal and reargument to be, in actuality, a motion for reargument, the denial of which is not appealable (see, Bossio v. Fiorillo, 222 A.D.2d 476; Halliday v. Halliday, 218 A.D.2d 729).
The plaintiff's remaining contentions are without merit.