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, explaining:
A motion for leave to renew must be based upon new facts not offered on the prior motion, or a change in the law, that would change the prior determination. Although the requirement that a motion for renewal must be based on new facts is a flexible one, a motion to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation, and 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. Moreover, leave to renew is not warranted where the factual material adduced in connection with the subsequent motion is merely cumulative with respect to the factual material submitted in connection with the original motion.
Here, the plaintiffs failed to present new facts or demonstrate a change in the law that would change the prior determination. Furthermore, the plaintiffs failed to offer a reasonable justification for the failure to present the alleged new facts on the underlying motion and cross-motion. Accordingly, the Supreme Court properly denied that branch of the plaintiffs’ motion which was for leave to renew.
(Internal quotations and citations omitted).