Practice point: The Appellate Division affirmed the denial that branch of the
plaintiff's motion which, in effect, was for leave to renew its prior motion,
pursuant to RPAPL 1321, for an order of reference. The plaintiff failed
to present new facts not offered on the prior motion that would change
the prior determination, as required by CPLR 2221[e][2]. In addition, the plaintiff presented no reasonable justification
for failing to submit the purportedly new evidence when it previously
moved for the same relief, as required by CPLR 2221[e][3].
Student note: A motion for leave to renew is not a second chance freely given
to parties who have not exercised due diligence in making their first
factual presentation.
Case: Bank of N.Y. v. Waters, NY Slip Op 03310 (2d Dept. 2015)
Here is the decision.
Monday's issue: Probative evidence in a slip and fall action.
