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SMITH v. PEREIRA

10071N, 305579/14.

176 A.D.3d 491 (2019)

107 N.Y.S.3d 854

2019 NY Slip Op 07357

Kerry Smith et al., Appellants, v. Lenny E. Pereira, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 10, 2019.

Attorney(s) appearing for the Case

Sekas Law Group, LLC, New York (Nicholas G. Sekas of counsel), for appellants.

Law Offices of Jennifer S. Adams, Yonkers (Jeffrey A. Domoto of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.

Plaintiffs' motion, denominated as one for leave to renew and reargue, was not based on new facts unavailable at the time of the original motion, and thus was actually a motion for leave to reargue, the denial of which is not appealable (CPLR 2221[e]; see Lichtman v Mount Judah Cemetery, 269 A.D.2d 319, 320 [1st Dept 2000], lv denied in part and dismissed in part

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