Tuesday, March 1, 2016

Motions for leave to renew.

Practice point:  The motion must be based upon new facts not offered on the prior motion that would change the prior determination, pursuant to CPLR 2221[e][2], and it must contain reasonable justification for the failure to present such facts on the prior motion, pursuant to CPLR 2221[e][3]. The motion is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation.

Student note:  The Supreme Court lacks discretion to grant renewal where the moving party omits a reasonable justification for failing to present the new facts on the original motion.

Case:  Central Mtge. Co. v. Resheff, NY Slip Op 01283 (2d Dept. 2016)

Here is the decision.

Tomorrow's issue:  Schools, negligent supervision, and punitive damages.