Practice point: Under CPLR 2221(e), a motion for leave to renew shall be based upon new
facts not offered on the prior motion that would change the prior
determination, and must contain reasonable justification for the
failure to present such facts on the prior motion.
Student note: CPLR 2221 (e) has
not been construed so narrowly as to disqualify, as new facts not
offered on the prior motion, facts contained in a document originally
rejected for consideration because the document was not in admissible
form.
Case: Hackney v. Monge, NY Slip Op 01233 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A fall on the ice.
