Monday, December 5, 2016

A motion for leave to renew.

The motion for leave to renew must be based upon new facts not offered on the prior motion that would change the prior determination," and must contain reasonable justification for the failure to present such facts on the prior motion.  It is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation. While law office failure can be accepted as a reasonable excuse in the exercise of the court's sound discretion, the movant must submit supporting facts to explain and justify the failure, and mere neglect is not accepted as a reasonable excuse.

Case:  Assevero v. Rihan, NY Slip Op 08032 (2d Dep't November 30, 2016)

Here is the decision.

Tomorrow's issue:  The preclusive effect of res judicata.