Practice point: A motion for leave to renew is the appropriate vehicle for seeking relief from a prior order based on a change in the law, pursuant to CPLR 2221[e][2].
Practitioners should note that, absent circumstances set forth in CPLR 5015, the motion must be made prior to the entry of a final judgment or before the time to appeal has expired.
Case: Dinallo v. DAL Elec., NY Slip Op 01607 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
