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 »
Blogs
Posts Categorized: Renewal/Reconsideration/Reargument
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 »
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 »
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 »
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 »
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 »
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 »
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 »
Renewal Denied for Lack of Diligence
On March 17, 2015, Justice Hart of the Queens County Commercial Division issued a decision in Faith Assembly v. Titledge Edge of N.Y. Abstract, LLC, 2015 NY Slip Op. 50375(U), denying a motion for renewal. In Faith Assembly, the defendant moved for leave to renew its motion to dismiss, even though the Second Department already… Read more »
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 »