On December 3, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Sposato, 2025 NY Slip Op. 06752, holding that a motion for renewal based on a change of law must be made before the time to appeal the final judgment expires, explaining:
Pursuant to CPLR 2221(e)(2), a motion for leave to renew must demonstrate that there has been a change in the law that would change the prior determination. After entry of a final judgment, a motion for leave to renew pursuant to CPLR 2221(e)(2) based upon a change in the law that would change the prior determination must be made, absent circumstances set forth in CPLR 5015, before the time to appeal the final judgment has expired. The defendant does not contend on appeal that any of the circumstances set forth in CPLR 5015 apply in this case.
Here, a notice of entry of the order and judgment of foreclosure and sale was served on the defendant on March 12, 2020. The defendant failed to timely appeal from the order and judgment of foreclosure and sale and did not move for leave to renew until almost three years later. Therefore, that branch of the defendant’s motion which was for leave to renew was untimely, and the Supreme Court properly denied it.
(Internal quotations and citations omitted).