Practice point: Pursuant to CPLR 2221(e), a motion for leave to renew must be based on new facts not offered on the prior motion that would change the prior determination, and must offer a reasonable justification for the failure to present such facts on the prior motion.
Student note: The motion is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation.
Case: Eskenazi v. Mackoul, NY Slip Op 01425 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Landlord's duty to protect tenants.
