A motion for leave to reargue must be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but may not include any matters of fact not offered on the prior motion, pursuant to CPLR 2221[d][2]. The determination to grant leave lies within the sound discretion of the motion court. The motion for leave to reargue is not designed to provide an unsuccessful party with successive opportunities to reargue issues previously decided, or to present arguments different from those originally presented.
Emigrant Bank v. Kaufman, NY Slip Op 00064 (2d Dep't January 10, 2024)
