Tuesday, June 28, 2016

Denial of a motion to renew.

Practice point:  The Appellate Division affirmed the denial of the motion, noting that movant's supporting papers were properly rejected by the motion court as they were submitted for the first time in the reply papers. In addition, movant offered no justification whatsoever as to why he did not obtain the new evidence in time to submit it in opposition to the original motion, and did not assert that he made any effort, let alone a diligent effort, to obtain this new evidence, which was readily available.

Student note:  Denial of a motion to reargue is not appealable.

Case:  Amtrust-NP SFR Venture, LLC v. Vazquez, NY Slip Op 04871 (1st Dep't June 21, 2016)

Here is the decision.

Tomorrow's issue:  A fall from a ladder and a Labor Law § 240(1) claim.