Practice point: On a post-appeal motion for leave to renew, the movant bears a heavy burden of showing due diligence in presenting the new evidence to the Supreme Court. The motion is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation.
Student note: Pursuant to CPLR 2221(e)(2), 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 . . . shall contain reasonable
justification for the failure to present such facts on the prior motion."
Case: Priant v. New York City Tr. Auth., NY Slip Op 05707 (2d Dep't August 3, 2016)
Here is the decision.
Monday's issue: Assumption of the risk in a zip-line accident.
