De Rosa v. Underhill Construction Corp.
1963 N.Y. App. Div. LEXIS 4295
N.Y. App. Div.1963Check Treatmenta negligence action to recover damages for personal injury, the plaintiff appeals from an order of the Supreme Court, Kings County, dated March 8, 1961, denying his motion for a rehearing and reargument of his prior application, made pursuant to (former) rule 9 of the rules for said court, for a preference in trial, which had been denied. Order affirmed, without costs. The present motion, while characterized by plaintiff as one for “reargument,” actually was a new motion based upon new facts and additional papers. An order made upon such a motion is appealable. Beldock, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.
