Posts Categorized: Renewal/Reconsideration/Reargument

Posted: 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, Justice Andrea Masley issued a Decision and Order granting the motion of certain defendants (“Guarantors”) to reargue and renew pursuant to CPLR 2221 and, upon reargument and renewal, denying Plaintiff’s motion for summary judgment in lieu... Read more »

Posted: 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. 08025, holding that a motion for renewal properly was denied for failure to justify the late submission of evidence, explaining: Plaintiffs also failed to provide a reasonable justification for their failure to submit the Leetsi affidavit in... Read more »

Posted: 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 Trimarco v. Edwards, 2019 NY Slip Op. 32019(U), holding that a movant’s inability to find evidence in its possession was insufficient grounds for renewal, explaining: Pursuant to CPLR 2221(e)(2) and (3), a motion for leave to renew shall... Read more »

Posted: 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 Partners, LLC, 2018 NY Slip Op. 06711, holding that it was error to grant renewal where the movant did not justify its failure to present the new facts in the original motion, explaining: To the extent that the Supreme Court... Read more »

Posted: 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 Mayor Gallery Ltd v. Agnes Martin Catalogue Raisonne LLC, 2018 NY Slip Op. 32161(U), denying a motion for reargument because, among other reasons, the movant did not attach a copy of the prior papers to the motion, explaining: As an initial... Read more »

Posted: 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 Kosciusko Partners, LLC v. Montesdeoca, 2017 NY Slip Op. 31931(U), granting a motion for reargument and, on reargument, granting summary judgment, explaining: Upon consideration of the foregoing, the Court finds that reargument is warranted. In the 2017 Summary... Read more »

Posted: 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 Bank & Trust Co., 2017 NY Slip Op. 03290, affirming the dismissal of an action to overturn an earlier judgment based on fraud on the court, explaining: To the extent that the amended complaint alleged fraud, misrepresentation, or other... Read more »

Posted: 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 Borah, Goldstein, Altschuler, Nahins & Goidel, P.C. v. Trumbull Ins. Co., 2017 NY Slip Op. 30203(U), denying a motion for reargument advancing a new argument, explaining: That branch of plaintiff’s motion to reargue based on a business interruption... Read more »

Posted: 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, 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... Read more »

Posted: 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., 2015 NY Slip Op. 04279, affirming the denial of a motion for renewal. In JBGR, LLC, the defendant moved for renewal of its motion to dismiss on collateral estoppel grounds. The Second Department affirmed the trial court’s... Read more »