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Posts Categorized: Renewal/Reconsideration/Reargument

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 »

Posted: 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, 2015 NY Slip Op. 03394, reversing an award of sanctions for frivolous litigation conduct. In Gordon Group Investments, the plaintiff “moved by order to show cause and pursuant to CPLR 2221 and 5015(a) to renew or vacate [an]… Read more »

Posted: 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, LLC, 2014 NY Slip Op. 01107, reversing a trial court’s grant of a motion for renewal. In Orchard Hotel, the trial court granted the defendant’s motion for renewal, reinstating its counterclaims. The First Department reversed, both because it… Read more »