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.