Practice point: The motion court has discretion to grant renewal on facts known to the movant at the time of the original motion on a showing of reasonable justification for not having offered the additional facts in the prior application. Law office failure may be a reasonable justification.
Student note: Generally, though, the motion must be made on new facts, not offered in the
original application, that would change the prior determination,
pursuant to CPLR 2221(e)(2).
Case: Calle v. Zimmerman, NY Slip Op 08699 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: An enforceable contract.
