Legal Question in Civil Litigation in New York
reargument of case after appeal filed
can a defendant or plaintiff make an
motion to reargue his or her case
after an appeal has been filed
2 Answers from Attorneys
Re: reargument of case after appeal filed
It all depends on what was appealed but normally you seek a retrial and then you appeal. Get an attorney if you don't know the answers to these questions.
Re: reargument of case after appeal filed
Well, actually, the answer is yes. The Notice of Appeal has to be filed within particular time period, and a motion to reargue can certainly be filed after that--but there is also a certain time period within which to do that. A motion to "renew" is a bit different, and sometimes also fits the situation, but this sort of motion (which introduces new evidence) does not suffer from the same sort of time restriction.