A motion for leave to renew must be based upon new facts not offered on the prior motion that would change the prior determination, and must offer a reasonable justification for the failure to present the new facts on the prior motion. The new or additional facts presented either must have not been known to the party seeking renewal or may, in the Supreme Court's discretion, be based on facts known to the party seeking renewal at the time of the original motion. While it is within the court's discretion to grant leave upon facts known to the moving party at the time of the prior motion, a motion for leave to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation.
Jesan Constr. Group, LLC v. Bedford Mer, LLC, NY Slip Op 07290 (2d Dep't December 24, 2025)
