A motion for leave to renew shall be based upon new facts not offered on the prior motion that would change the prior determination, and shall contain reasonable justification for the failure to present such facts on the prior motion, or shall demonstrate that there has been a change in the law that would change the prior determination, pursuant to CPLR 2221[e][2], [3]. 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.
U.S. Bank, N.A. v. Cuencas, NY Slip Op 06373 (2d Dep't December 18, 2024)
Plaintiff's motion for leave to renew is granted. Since the plaintiff's prior motion for summary judgment had been denied without prejudice to renewal, plaintiff was not required to demonstrate a reasonable justification for its failure to submit sufficient evidence of the defendants' default on the prior motion.
Wells Fargo Bank, N.A. v. Coulstring, NY Slip Op 06374 (2d Dep't December 18, 2024)
