Grace v Anker Mgt.

[*1] Grace v Anker Mgt. 2005 NYSlipOp 51085(U) Decided on July 8, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 8, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1351 W C

Thelma Jo Grace, Appellant,

against

Anker Management, VERNON MANOR COOP SECTION I, RICHARD McCULLOUGH and BRANDON SALL, Respondents.

Appeal by plaintiff from an order of the Mount Vernon City Court, Westchester County (A. Seiden, J.), entered August 20, 2004, which denied her motion for reargument.

Appeal unanimously dismissed.

Plaintiff commenced the instant action against defendants for false arrest, malicious prosecution, assault, battery, libel, slander and harassment. The lower court
granted defendant Sall's motion for summary judgment and, thereafter, plaintiff moved for reargument. Since the lower court denied plaintiff's motion to reargue, the appeal from such order must be dismissed as no appeal lies from an order denying reargument (see CPLR 5701 [a ] [2] [viii]; Malik v Campbell, 289 AD2d 540 [2001]; Matter of Eagle Ins. Co. v Lucero, 276 AD2d 695 [2000]; Sallusti v Jones, 273 AD2d 293 [2000]). It could be argued that because plaintiff submitted new facts within her motion to reargue, her motion should be considered a motion for renewal. However, inasmuch as these facts were available to plaintiff at the time of her original motion and since plaintiff failed to provide a reasonable justification for failing to present said facts in her prior motion, plaintiff's motion cannot be considered one for renewal (see CPLR 2221 [e] [3]; Ruddock v Boland Rentals, 5 AD3d 368 [2004]). [*2]
Decision Date: July 08, 2005