On August 27, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Herman v. Judlau Contr., Inc., 2024 NY Slip Op. 33024(U), holding that a motion for reargument cannot be used to advance a new legal argument . . . Continue reading Reargument Cannot Be Used to Advance New Legal Argument
On July 10, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Jobar Holding Corp. v. Halio, 2024 NY Slip Op. 32650(U), holding that a new decision applying existing law is not a change in the law that can support a motion for renewal . . . Continue reading New Decision Applying Existing Law Not a Change Law Supporting Motion for Renewal
On January 17, 2024, the Second Department issued a decision in Sutton v. Syla, 2024 NY Slip Op. 00204, holding that a court may not grant renewal if there is no justification for failing earlier to present the evidence upon which the motion for renewal was based . . . Continue reading Court May Not Grant Renewal if There is No Justification for Failing to Present Evidence
On October 25, 2023, the Second Department issued a decision in Harway Terrace, Inc. v. Shlivko, 2023 NY Slip Op. 05392, holding that a motion for renewal should be denied when not supported by new facts . . . Continue reading Renewal Should be Denied When Not Supported by New Facts
