Practice point: The motion must be bsed on facts that were not offered on the prior motion and that would change the prior determination, pursuant to CPLR 2221[e][2]. Pursuant to [e][3], the movant movant must demonstrte a reasonable justification for not having presented these facts on the prior motion.
Student note: While it may be within the court's discretion to grant leave to renew based on facts known to the moving party at the time of the prior motion, the motion is not a second chance given to parties who have not exercised due diligence in making their first factual presentation.
Case: Byun Sik Chu v. Kerrigan, NY Slip Op 07105 (2d Dep't October 11, 2017)
Here is the decision.
