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August 11, 2023
Leave to Renew or Reargue Denied Where “New Facts” Always Known or Caused By the Movant
On July 5, 2023, Justice Andrew Borrok of the New York County Commercial Division issued an opinion in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2023 NY Slip Op 50662(U), denying a party’s motion for leave to renew and/or reargue the Court’s Decision and Order, dated June 6, 2023 as clarified by the Supplemental Order, dated June 13, 2023, because the motion—which must be based on matters of fact or law—was based on two false premises. The Court explained: Read More
September 15, 2021
Guaranties For Payment And Performance Are Not Instruments For Payment Of Money Only And Therefore Do Not Provide A Basis For Summary Judgment In Lieu of Complaint Under CPLR § 3213
On September 3, 2021, in Bank of America, N.A. v. Filho et al., N.Y. Sup. Ct. Index No. 654603/2019,… Read More
January 9, 2021
Motion for Renewal Denied For Failure to Justify Late Submission of Evidence
On December 29, 2020, the First Department issued a decision in Wang v. LaFrieda, 2020 NY Slip Op. 0… Read More
July 25, 2019
Movant's Inability to Find Evidence in its Possession Insufficient Grounds for Renewal
On July 11, 2019, Justice Friedman of the New York County Commercial Division issued a decision in T… Read More
October 23, 2018
Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester … Read More
September 16, 2018
Motion for Reargument Denied for Failure to Attach Prior Order and Papers
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 23, 2017
On Reargument, Court Finds Motion Timely and Grants Summary Judgment
On September 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in 531 … Read More
May 13, 2017
Sole Remedy for Fraud on Court in Prior Proceeding is Motion to Vacate Under CPLR 5015(a)(3)
On April 28, 2017, the Fourth Department issued a decision in MAA-Sharda, Inc. v. First Citizens Ban… Read More
February 8, 2017
Reargument Denied When Motion Was Based On New Arguments
On January 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Bo… Read More
December 20, 2015
Renewal Motion Responding to Issue Raised Sua Sponte by Court in Original Decision Timely
On December 16, 2015, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
May 28, 2015
Renewal Denied for Lack of Reasonable Excuse for Not Submitting Evidence Earlier
On May 20, 2015, the Second Department issued a decision in JBGR, LLC v. Chicago Title Insurance Co.… Read More
April 30, 2015
First Department Reverses Award of Sanctions for Frivolous Litigation
On April 23, 2015, the First Department issued a decision in Gordon Group Investments, LLC v. Kugler… Read More
April 3, 2015
Renewal Denied for Lack of Diligence
On March 17, 2015, Justice Hart of the Queens County Commercial Division issued a decision in Faith … Read More
February 20, 2014
First Department Reverses Grant of Renewal For Lack of Diligence in Seeking Evidence
On February 18, 2014, the First Department issued a decision in Orchard Hotel, LLC v. D.A.B. Group, … Read More