June 13, 2012

Motions for leave to renew.


Practice point: The motion, pursuant to CPLR 2221(e), may, in the Supreme Court's discretion, be based on facts known to the party seeking renewal at the time of the original motion, but the movant must offer a reasonable justification for the failure to present such facts on the original motion.

Student note:  Law office failure can be accepted as a reasonable excuse in the exercise of the court's discretion.

Case: Gordon v. Boyd, NY Slip Op 04320 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Sanctions for discovery violations.