Spear v. Herbert

In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, the plaintiffs appeal from an order of the Supreme Court, Orange County (Patsalos, J.), dated November 20, 1987, which denied their motion denominated as one for renewal and reargument of the defendants’ motion for summary judgment.

Ordered that the appeal is dismissed, without costs or disbursements.

The denial of the plaintiffs’ motion, characterized as one for *559renewal and reargument of the defendants’ motion for summary judgment, is not appealable because it was not based upon new facts which…