Is motion to renew based on "facts not offered to the court in prior motion" or "facts not available to the party"?

Asked about 1 year ago - New York, NY

CPLR 2221 (e) states that motion for leave to renew "shall be based upon new facts not offered on the prior motion...shall contain reasonable justification ". The judge in the court hearting states it's not true; he states that a motion to renew should be based on new facts not available to the moving parties prior to the motion. The judge will probably rule based on his understanding of the law. Which one is the right law, "not offered" or "not available"?

Attorney answers (2)

  1. Robert K. Erlanger

    Contributor Level 13

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    Answered . Read Siegel's New York Practice or go to McKinney's NY States and read the case annotations to CPLR 2221. Maybe the judge knows what he is talking about.

  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Case law says a motion to renew is not a do over. If you are relying on facts not argued the first time you need to show you could not have gotten the information by using due diligence.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more

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