Motion Practice, Reargument & Renewal
Notice periods, briefing sequences, and the court's discretion to accept late papers under CPLR 2214 govern every motion filed in New York. The 16-7-1 day framework trips up even experienced practitioners.
27 articles from 2008–2020 · 4 current · 4 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- When is reargument granted? Reviewed Sep 12, 2026 · first published 2018
Budoff treated reconsideration on the merits as a grant of reargument, but the plaintiff still lost. Compare appealability, timing and Caputo in 2025.
- Motion to Reargue: Understanding the 30-Day Rule in New York Civil Procedure Reviewed Sep 12, 2026 · first published 2009
Terio allowed late reargument in its pending-appeal setting. Read the actual ruling, Caputo's 2025 confirmation and the separate appeal-deadline issue.
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
2016
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2020 (2)
2018 (5)
2017 (3)
2016 (2)
2012 (3)
2010 (2)
Frequently asked questions
What is the difference between a motion to renew and a motion to reargue?
Reargument says the court got it wrong on what it had; renewal gives the court something new. Under CPLR 2221(d), a motion to reargue must be identified as such, must be based on matters of fact or law allegedly overlooked or misapprehended by the court in deciding the prior motion, and may not include any facts not offered on the prior motion. Under CPLR 2221(e), a motion to renew must be identified as such, must be based on new facts not offered on the prior motion that would change the prior determination or on a change in the law, and must contain reasonable justification for not presenting those facts earlier.
What are the time limits for filing a motion to renew or reargue?
A motion to reargue must be made within 30 days after service of a copy of the order determining the prior motion together with written notice of its entry, under CPLR 2221(d)(3). The rule states no time limit for a motion to renew; CPLR 2221(e) instead requires new facts or a change in law that would change the determination and a reasonable justification for not presenting the facts earlier. Both motions are made to the judge who signed the order under CPLR 2221(a), unless the order was made on default or without notice. Calendar the 30 days from service of the notice of entry, not from the decision date.
What standard must be met for a motion to renew?
Under CPLR 2221(e), a motion for leave to renew must be identified specifically as such, must be based upon new facts not offered on the prior motion that would change the prior determination, or must demonstrate a change in the law that would change it, and must contain reasonable justification for the failure to present those facts on the prior motion. The rule therefore asks two questions: would the new material change the result, and why was it not offered before. If renewal is granted, under CPLR 2221(f) the court may adhere to the original determination or alter it. State in an affidavit exactly when the new facts became available.