Motion for leave to renew or reargue.

Practice point: A motion for renewal must be based upon new facts not offered on the prior motion that would change the prior determination, pursuant to CPLR 2221[e][2]. A motion for reargument must be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion, pursuant to CPLR 2221[d][2]). Further, even where a motion for reargument is technically untimely under CPLR 2221[d][3], a court has discretion to reconsider its prior ruling, pursuant to CPLR 2004.

Student note: A motion for leave to renew or reargue is addressed to the sound discretion of the Supreme Court.

Case: HSBC Bank USA, N.A. v. Hall, NY Slip Op 06063 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Preliminary injunction.