A motion to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation. Here, the purported new facts were available to the defendant at the time he opposed the plaintiff's motion for summary judgment, and he failed to demonstrate a reasonable justification for failing to submit them, pursuant to CPLR 2221[e][3]. In any event, the purported new facts would not have changed the prior determination.
Ascentium Capital, LLC v. Empire Med. Servs. of Long Is., P.C., NY Slip Op 02450 (2d Dep't April 29, 2020)
Here is the decision.
