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Civil Practice Law & Rules Rule.

As it appears from the text of the defendant’s reply (page 1), the defendant is aware of the following provisions of CRLR 2221 (d): “a motion for leave to reargue: shall be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry. This rule shall not apply to motions to reargue a decision made by the appellate division or the court of appeals”. The notice of entry wasn’t given to him.

He is also aware of the following provisions of CRLR (e): “motion for leave to renew shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination”. Accordingly, I accrued the right to renew as late as on the 19th of April after the decision of the Court of Appeal was announced.

A combined motion for leave to reargue and leave to renew shall identify separately and support separately each item of relief sought (CRLR 2221 (f).

When there has been a mistrial for any reason, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court (Section 212.14).

" Litigants are entitled, as a matter of law, to a fair trial" (Rodriguez v City of New York, 67 AD3d 884, 886; see DeCrescenzo v Gonzalez, 46 AD3d 607, 608).

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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