Monday, November 26, 2012

Motions for leave to renew.

Practice point: The motion must be based upon new facts not offered on the original motion that would change the prior determination, pursuant to CPLR 2221[e][2]. The new or additional facts either must have not been known to the party seeking renewal, or may, in the court’s discretion, be based on facts known to the party seeking renewal at the time of the original motion.

Student note: However, in either instance, a reasonable justification for the failure to present such facts on the original motion must be presented, pursuant to CPLR 2221[e][3].

Case: Deutsche Bank Trust Co. v. Ghaness, NY Slip Op 07265 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Fiduciary relationships, and a right to an accounting.