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Chiarella v. Quitoni

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 502 (N.Y. App. Div. 1991)

Opinion

December 16, 1991

Appeal from the Supreme Court, Putnam County (Dickinson, J.).


Ordered that the appeal is dismissed, with costs.

Generally, a motion to renew must be based upon newly-discovered material facts or evidence which existed at the time that the prior motion was made but which were unknown to the party seeking renewal. In this case, the plaintiff failed to offer any valid excuse as to why the allegedly new facts were not previously submitted. Thus, the plaintiff's motion was, in actuality, for reargument (see, Mucciola v City of New York, 177 A.D.2d 553). No appeal lies from an order denying a motion for reargument (see, Mucciola v City of New York, supra). Mangano, P.J., Lawrence, Rosenblatt and O'Brien, JJ., concur.


Summaries of

Chiarella v. Quitoni

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1991
178 A.D.2d 502 (N.Y. App. Div. 1991)
Case details for

Chiarella v. Quitoni

Case Details

Full title:JOSEPH CHIARELLA, Appellant, v. JOSEPH QUITONI et al., Respondents

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

Date published: Dec 16, 1991

Citations

178 A.D.2d 502 (N.Y. App. Div. 1991)
577 N.Y.S.2d 429

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