Friday, December 17, 2010

Clarification of Procedural Issues Regarding Reargument Motions

In Rostant v. Swersky, the First Department held that the plaintiff was not precluded from moving for reargument simply because the order deciding the motion she sought to reargue had not yet been entered. The First Department found that the trial court retained its power to reconsider and vacate its prior decision before issuing the order. The First Department also held that CPLR 2221 does not require that the original motion papers be submitted on reargument, and that whether such papers must be submitted is left to the sound discretion of the trial court. NOTE: Check your local rules when making a motion to reargue as it is this writer's experience that some Judges require the original motion papers to be submitted with the reargument motion.

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