On October 24, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Z & M Assoc. Inc. v. North & Main Realty Co., 2025 NY Slip Op. 51764(U), denying renewal for failure to justify the failure to submit evidence in support of the original motion, explaining:
The Court first addresses the motion pursuant to CPLR § 2221(e). This section is for motions based upon new facts not offered on the prior motion that would change the prior determination and shall contain reasonable justification for the failure to present such facts on the prior motion. A motion for leave to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation. Moreover, the Supreme Court lacks discretion to grant renewal where the moving party omits a reasonable justification for failing to present the new facts on the original motion. However, evidence is not newly discovered simply because it was not submitted on the prior motion; rather, the evidence must not have been available to the party at the time it made its initial motion and could not have been established through alternate evidentiary means. Here, plaintiff does not supply any justification for failing to present the emails he now submits on the original motion, let alone a reasonable one. This dooms plaintiff’s motion to renew.
(Internal quotations and citations omitted).