Legal Question in Personal Injury in New York

motion to reargue and renew

How do I answer a motion to reargue and renew?


Asked on 1/10/09, 5:44 pm

1 Answer from Attorneys

Re: motion to reargue and renew

You are getting involved in rather sophisticated motion practice. It appears as if you successfully opposed the initial motion. Now the loser is seeking to have a second go at it, hoping the judge will change his/her mind (and thus avoid an expensive appeal). A motion to reargue is a way of asking the judge to reconsider the previous decision, based on nothing new. A motion to renew is usually accompanied by new evidence not submitted in the original motion (and there'd better be a good reason why). If you won the first round, it sounds like your arguments convinced the judge. It is likely the same arguments will work again, but read the new motion carefully and see whether there is anything additional that needs saying. Best of luck. M. E. Zuller

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Answered on 1/11/09, 7:43 pm


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