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A MOTION FOR LEAVE TO RENEW CAN BE BASED UPON A CLARIFICATION OF DECISIONAL LAW, BUT NOT, AS WAS THE CASE HERE, ON A DECISION APPLYING ESTABLISHED LAW TO THE FACTS (SECOND DEPT).

The Second Department, reversing Supreme Court, determined that the motion for leave to renew should not have been granted because it was not based upon a change in law. Rather it was based upon a case in which established law was applied to the facts:

“A motion for leave to renew is the appropriate vehicle for seeking relief from a prior order based on a change in the law,” including, a clarification of decisional law ( …see CPLR 2221[e][2]). Here, however, the defendant failed to demonstrate such a change in the law … . Instead, the defendant merely pointed to case law … , in which this Court applied established law … to the facts presented in the particular case before it. Sharan v Christiana Trust, 2023 NY Slip Op 04789, Second Dept 9-27-23

Practice Point: A motion for leave to renew can be based on a change in the law, even a clarification of decisional law. But here the motion was improperly based upon a decision which merely applied established law to the facts.

 

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