NO SECOND CHANCES?

A "motion to renew" asks a judge to reconsider and modify a prior order, and is typically based on additional facts or evidence not previously brought to the court's attention. To prevail, the moving party must:

submit the additional proof; and

offer a reasonable justification for why that information had not been presented earlier. 

In Tyrone Worrell v. Parkway Estates, LLC , a personal injury case filed with the Kings County Supreme Court, Tyrone Worrell made a motion to renew a summary judgment motion which had been decided against him. When the Supreme Court granted Tyrone's request, Parkway Estates appealed to the Appellate Division, Second Department, which reversed.

The AD2 warned that 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." 

Since Tyrone's motion failed to explain why that new information hadn't been previously submitted, the AD2 was of the opinion that his request could not be entertained.

Judges can be so unforgiving.

For a copy of the Appellate Division's decision, please use this link: Tyrone Worrell v. Parkway Estates, LLC