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, explaining:
A motion for leave to renew not based on a change in the law shall be based upon new facts not offered on the prior motion that would change the prior determination. A motion for leave to renew must also contain reasonable justification for the failure to present such facts on the prior motion. The Supreme Court has no discretion to grant renewal where the moving party omits a reasonable justification for the failure to present the new facts on the original motion.
Here, the plaintiff did not provide a reasonable justification for his failure to present the alleged new facts in support of his prior motion. Accordingly, the Supreme Court properly denied that branch of the plaintiff’s motion which was for leave to renew.
(Internal quotations and citations omitted).