Chiarella v. Quitoni

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Putnam County (Dickinson, J.), dated March 22, 1990, which denied his motion, denominated as one for reargument and renewal, but which was, in actuality, one for reargument of the defendants’ prior motion for summary judgment which was granted by order of the same court dated January 16, 1990.

Ordered that the appeal is dismissed, with costs.

Generally, a motion to renew must be based upon newly-discovered material facts or evidence which existed at the time that the prior motion was…