Wednesday, December 2, 2015

A motion for leave to renew.

Practice point:  The motion court has discretion to grant renewal on facts known to the movant at the time of the original motion on a showing of reasonable justification for not having offered the additional facts in the prior application.  Law office failure may be a reasonable justification.

Student note:  Generally, though, the motion must be made on new facts, not offered in the original application, that would change the prior determination, pursuant to CPLR 2221(e)(2).

Case:  Calle v. Zimmerman, NY Slip Op 08699 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  An enforceable contract.