Key Takeaway
Budoff treated reconsideration on the merits as a grant of reargument, but the plaintiff still lost. Compare appealability, timing and Caputo in 2025.
This article is part of our ongoing renew and reargue coverage, with 14 published articles analyzing renew and reargue issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Last reviewed: September 2026
Budoff shows why being allowed to reargue and winning the motion are different things. The court reconsidered the plaintiff’s contentions, then kept its original result. The resulting order was appealable.
Still current (September 2026): 6901 LLC v Caputo again treats actual reconsideration followed by adherence as a grant of reargument producing an appealable order.
What the appellate court reviewed
Budoff v City of New York, 164 AD3d 737 (2d Dept 2018), concerned summary judgment dismissing a bicycle-lane injury claim. Because the motion court reviewed the merits of the reargument request, the Second Department treated the order as granting reargument and adhering to the earlier ruling.
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The plaintiff’s earlier appeal had been dismissed for failure to perfect. The appellate court nevertheless exercised discretion to reach the later appeal. It affirmed: the plaintiff had not shown that the motion court overlooked or misapprehended material fact or law.
An appealable order is only one question
Caputo, cited above, again uses the grant-and-adhere distinction. Neither case promises relief after an abandoned appeal. Nor does Budoff establish that every mention of an argument is a grant of reargument.
Check the actual relief and service history. CPLR 5513 addresses the time to appeal; a reargument request is not a reason to ignore the original appellate deadline. The comparison with Terio below concerns consideration of a late motion, a separate question.
Connect to the Encyclopedia
- CPLR 2221: governing rule and related decisions
- Terio: late reargument while an appeal was pending
- Cuomo v Ferran: reargument in a Medicaid action
- Abrams: diligence after a missing witness was located
- Dookhie: answering an opponent’s new reply argument
- Provek: explaining an employment-date mistake
For review of a particular motion record or an attorney referral, contact the Law Office of Jason Tenenbaum.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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