Suffolk & Nassau Amusement Co. v. Wurlitzer Co.

In an action to recover damages for fraud and deceit *894etc., the plaintiff appeals from an order of the Supreme Court, Nassau County, entered March 30, 1965, which denied plaintiff’s “ motion for leave to reargue ” defendant’s motion to vacate the service of the summons, previously decided in defendant’s favor (see 22 A D 2d 1018). Order affirmed, with $10 costs and disbursements. In our opinion, the plaintiff’s motion, denominated as a " motion for leave to reargue ” was, in fact, a motion for leave to renew, the denial of which is appealable (Drinkwater v. Grady, 285 App. Div. 1176). It is…