March 12, 2010

Motion practice.

Practice point: There is no appeal from a motion to reargue.

Students should note that the motion should be based on newly discovered facts, pursuant to CPLR 2221[e], but courts may use their discretion in the interest of justice.

Case: Sirico v. F.G.G. Prods., Inc., NY Slip Op 01733 (1st Dept. 2010)

The opinion is here.

Monday's issue: Motion practice