On December 16, 2015, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle, 2015 NY Slip Op. 09239, holding that a motion for renewal was timely.
In Candlewood Holdings, several defendants moved for renewal of the trial court’s denial of their motion for summary judgment, which was based, in part, on an issue that the court raised sua sponte. The trial court granted renewal. The Second Department affirmed, explaining:
In general, a 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 set forth a reasonable justification for the failure to present such facts on the prior motion. Here, because the expert affidavits submitted in support of the motion for leave to renew addressed an issue raised sua sponte by the court in the original decision, the Valle defendants had a reasonable excuse for not offering them on the prior motion, and it was proper for the Supreme Court to consider them.
(Internal quotations and citations omitted).