procedural guides

New York Motion to Reargue – Cheat Sheet

Note: For up-to-date New York Motion to Reargue guides please visit SmartRules.

Use this Cheat Sheet to learn the statewide rules of civil procedure applicable to a motion to reargue in New York Supreme Court. For more detailed coverage of motions to reargue, including Local Rules, please see the New York Supreme Court Motion to Reargue guides, the New York Supreme Court Reply in Support of Motion to Reargue guides, the New York Supreme Court Replies in Support of Motion to Reargue guides, the New York Supreme Court General Motions guides, and the New York Codes & Court section.


Motion to Reargue Rules

Timing

A motion to reargue a point decided by the trial court must be made within thirty (30) days of service of a copy of the order and written notice of its entry. This thirty (30) day requirement does not apply to motions directed at decisions of the Court of Appeals.

Motion for Leave to Renew or Reargue as Opposed to Motion for Reconsideration

Although the term “motion for reconsideration” is sometimes used by New York practitioners, the CPLR does not officially sanction such motions. Motions seeking change in a prior court decision based on previously overlooked, misapprehended or not offered facts or evidence are designated as motions to renew or reargue.

Motion to Reargue

A motion to reargue a point decided by the court may only be made based on matters of fact or law which were presented by the parties but allegedly overlooked or misapprehended by the court in its decision.

Motion to Renew

A motion to renew may be made to raise facts not offered in relation to the original motion that would change the determination or where there has been a change in the law that effects the prior determination. CPLR 2221(e)(2). When a motion to renew is made based on facts not previously offered, reasonable justification for the failure to offer the facts in relation to the original motion must be shown.

Specify Renewal or Reargument or Both

Motions to renew or reargue, or combined motions, must specifically identify the type of relief sought, whether it is renewal, reargument, or both.

Motion Made to Original Judge

A motion pursuant to CPLR 2221 must be made to the same judge who signed the order that is at issue, unless that judge is unable to hear the motion.

Exceptions

A motion pursuant to CPLR 2221 can be made to other than the original judge if the order was made upon a default, in which case the motion may be made, on notice, to any judge of the court; and if the order was made without notice, (for example on an ex parte motion), the motion may be made, without notice, to the judge who signed it, or, on notice, to any other judge of the court.


SmartRules Guides

SmartRules guides cover additional topics including:

Briefing Schedules

Notices

Combined Motions to Renew and/or Reargue

Cross Motions

Transfer of Motion

Requirements for Moving Papers

Additional Required Documents

Filing & Service

Hearing & Disposition

Local Motion Procedures


Originally published: October 26, 2015