September 26, 2008

Motion practice.

Practice point: A motion for leave to renew a motion to reinstate a note of issue will be granted when it is supported by a properly framed certificate of readiness and by an affidavit, based on first-hand knowledge, showing that there is merit to the action; specifying why the note of issue was vacated; offering meritorious reasons for the reinstatement; and establishing that the case is ready for trial.

Case: Suburban Restoration Co., Inc. v. Viglotti, NY Slip Op 06823 (2d Dept. 2008)

The opinion is here.