Practice point: The motion must be based upon new facts not offered on the
original motion that would change the prior determination, pursuant to CPLR 2221[e][2].
The new or additional facts either must have not been known to the party
seeking renewal, or may, in the court’s discretion, be based on facts known to
the party seeking renewal at the time of the original motion.
Student note: However, in either instance, a reasonable justification for
the failure to present such facts on the original motion must be presented,
pursuant to CPLR 2221[e][3].
Case:
Deutsche Bank Trust Co. v. Ghaness, NY
Slip Op 07265 (2d
Dept. 2012).
Here is the decision.
Tomorrow’s issue: Fiduciary relationships, and a right to an accounting.
