Opinion
August 3, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal is dismissed, with costs.
The Supreme Court denied the plaintiffs motion, denominated as one for renewal and reargument. Inasmuch as this motion was not based upon new evidence which was unavailable upon the original motion, the motion was actually one for reargument ( see, Lawless v. O'Brien, 222 A.D.2d 657). Thus, the appeal must be dismissed, because no appeal lies from an order denying reargument ( see, Segale v. Nu Wave Mar., 244 A.D.2d 326).
Rosenblatt, J. P., O'Brien, Altman and Friedmann, JJ., concur.