Opinion
Argued April 6, 2001.
April 23, 2001.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated June 2, 1999, which denied its motion, denominated as one for renewal, but which was, in effect, one to reargue a prior motion for summary judgment.
Robert Allan Muir Associates, LLP, Brooklyn, N.Y. (Robert Allan Muir, Jr., of counsel), for appellant.
Before: BRACKEN, P.J., FLORIO, SCHMIDT and ADAMS, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.
The plaintiffs motion, characterized as one for renewal, was not based upon new facts that were unavailable at the time of its motion for summary judgment. Accordingly, the plaintiffs motion was, in fact, one to reargue, the denial of which is not appealable (see, Frisenda v. X Large Enters., 280 A.D.2d 514 [2d Dept., Feb. 13, 2001]; CPLR 2221).