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BANK’S MOTION FOR LEAVE TO RENEW AND REARGUE SHOULD NOT HAVE BEEN GRANTED IN THIS FORECLOSURE ACTION, CRITERIA EXPLAINED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff bank’s motion to renew and reargue in this foreclosure action should not have been granted:

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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 contain reasonable justification for the failure to present such facts on the prior motion (see CPLR 2221[e][2]). While a court has discretion to entertain renewal based on facts known to the movant at the time of the original motion, the movant must set forth a reasonable justification for the failure to submit the information in the first instance  … . Renewal “is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation” … . …

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A motion for leave to reargue is similarly directed to the trial court’s discretion and, to warrant reargument, the moving party must demonstrate that the court overlooked or misapprehended the relevant facts or misapplied law (see CPLR 2221[d] …). Here, … the court, in its initial determination, did not overlook or misapprehend relevant facts or misapply the law in deciding that [the bank] had failed to meet its prima facie burden on the issue of standing, thus requiring denial of its motion … . JPMorgan Chase Bank, N.A. v Jeffrey Novis, 2018 NY Slip Op 00281, Second Dept 1-17-18

FORECLOSURE (CIVIL PROCEDURE, BANK’S MOTION FOR LEAVE TO RENEW AND REARGUE SHOULD NOT HAVE BEEN GRANTED IN THIS FORECLOSURE ACTION, CRITERIA EXPLAINED (SECOND DEPT))/CIVIL PROCEDURE (BANK’S MOTION FOR LEAVE TO RENEW AND REARGUE SHOULD NOT HAVE BEEN GRANTED IN THIS FORECLOSURE ACTION, CRITERIA EXPLAINED (SECOND DEPT)).CPLR 2221 (BANK’S MOTION FOR LEAVE TO RENEW AND REARGUE SHOULD NOT HAVE BEEN GRANTED IN THIS FORECLOSURE ACTION, CRITERIA EXPLAINED (SECOND DEPT))

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