Category: Reconsideration/Renewal/Reargument

On December 24, 2025, the Second Department issued a decision in Jesan Constr. Group, LLC v. Medford Ber, LLC, 2025 NY Slip Op. 07290, holding that a trial court abused its discretion in granting a motion for renewal based on evidence available to the plaintiff before suit was brought . . . Continue reading Court Abused Discretion in Granting Renewal Motion Based on Evidence Available to Plaintiff Before Suit was Brought

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 . . . Continue reading Renewal Denied For Failure to Justify Failure to Submit Evidence With Original Motion

On June 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Cullinan v. New York Univ., 2025 NY Slip Op. 50945(U), holding that where a party moved for summary judgment before discovery was complete, it cannot seek renewal based on post-motion discovery . . . Continue reading Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery

On September 27, 2024, the Fourth Department issued a decision in Counsel Fin. Holdings LLC v. Sullivan Law, L.L.C., 2024 NY Slip Op. 04697, holding that a judge other than the one that issued a decision can decide a motion for reargument if the issuing judge is unavailable . . . Continue reading Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable

On September 18, 2024, the Second Department issued a decision in Crystal v. American Tr. Ins. Co., 2024 NY Slip Op. 04456, holding that a trial court may not grant renewal unless the movant justifies its failure earlier to present facts . . . Continue reading Trial Court May Not Grant Renewal Without Justification for Failure to Present Facts

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