MOTION TO RENEW, BASED UPON A CHANGE IN THE LAW, MADE WHEN THE CASE WAS NO LONGER PENDING, WAS UNTIMELY (FOURTH DEPT).

The Fourth Department determined the plaintiff’s motion to renew, based upon a change in the law, made when the case was no longer pending, was properly denied as untimely. A case relied upon in deciding the motion had been disavowed by the 2nd Department:

CPLR 2221 (e) does not impose a time limit on motions for leave to renew, unlike motions for leave to reargue, which must be made before the expiration of the time in which to take an appeal … . A motion based on a change in the law formerly was considered a motion for leave to reargue, with the same time limit, i.e., before the time to appeal the order expired … . Over time, the rule evolved to allow such a motion “where the case was still pending, either in the trial court or on appeal” .. . The Ct. of Appeals explained … that denying as untimely a motion for leave to reargue based on a change in the law “might at times seem harsh, [but] there must be an end to lawsuits” … .

After the statute was amended in 1999 to specify that a motion based on a change in the law is a motion for leave to renew, courts have nevertheless properly continued to impose a time limit on motions based on a change in law …  … “[T]here is no indication in the legislative history of an intention to change the rule regarding the finality of judgments” … . Here, the case was no longer pending when plaintiff made his motion for leave to renew based on a change in the law, and we therefore conclude that the motion insofar as it sought leave to renew was untimely … . Redeye v Progressive Ins. Co., 2018 NY Slip Op 00763, Fourth Dept 2-2-18

CIVIL PROCEDURE (MOTION TO RENEW, BASED UPON A CHANGE IN THE LAW, MADE WHEN THE CASE WAS NO LONGER PENDING, WAS UNTIMELY (FOURTH DEPT))/RENEW, MOTION TO (CIVIL PROCEDURE, MOTION TO RENEW, BASED UPON A CHANGE IN THE LAW, MADE WHEN THE CASE WAS NO LONGER PENDING, WAS UNTIMELY (FOURTH DEPT))/CPLR 2221  (MOTION TO RENEW, BASED UPON A CHANGE IN THE LAW, MADE WHEN THE CASE WAS NO LONGER PENDING, WAS UNTIMELY (FOURTH DEPT))