Monday, March 24, 2014

Motions for leave to renew and reargue.

Practice point:  The Appellate Division held that plaintiff's motion for leave to renew was properly denied in the absence of new facts, citing CPLR 2221[e][2].

Student note:  No appeal lies from the denial of a motion to reargue.

Case:  Kaplan v. U.S. Coal Corp., NY Slip Op 01681 (1st Dept. 2014).

Here is the decision.

Tomorrow's issue: Liability for trivial defects.