October 16, 2019

CPLR 2221.

Plaintiffs' motion, while denominated as one for leave to renew and reargue, is not based on new facts unavailable at the time of the original motion, and, therefore, actually is a motion for leave to reargue, the denial of which is not appealable.

Smith v. Pereira, NY Slip Op 07357 (1st Dep't October 10, 2019)

Here is the decision.