Gonzalez v. Vigo Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*566A motion for leave to renew “shall be based upon new facts not offered on the prior motion that would change the prior determination” (CPLR 2221 [e] [2]) and “shall contain reasonable justification for the failure to present such facts on the prior motion” (CPLR 2221 [e] [3]; see Ramirez v Khan, 60 AD3d 748 [2009]; Lardo v Rivlab Transp. Corp., 46 AD3d 759 [2007]). The requirement that a motion for renewal be based on new facts is a flexible one, and it is within the court’s discretion to grant renewal upon facts known to the moving party at the time of the original motion “if the movant…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Heaven v. McGowanAppellate Division of the Supreme Court of the State of New York · 2007
- Ramirez v. KhanAppellate Division of the Supreme Court of the State of New York · 2009
- De Cicco v. LongendykeAppellate Division of the Supreme Court of the State of New York · 2007
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- Castor v. CuevasAppellate Division of the Supreme Court of the State of New York · 2016
- Cioffi v. S.M. Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
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