Friday, August 12, 2016

A post-appeal motion for leave to renew.

Practice point:  On a post-appeal motion for leave to renew, the movant bears a heavy burden of showing due diligence in presenting the new evidence to the Supreme Court.  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:  Pursuant to CPLR 2221(e)(2), a motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination . . . and . . . shall contain reasonable justification for the failure to present such facts on the prior motion."

Case:  Priant v. New York City Tr. Auth., NY Slip Op 05707 (2d Dep't August 3, 2016)

Here is the decision.

Monday's issue:  Assumption of the risk in a zip-line accident.