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BLDG ABI ENTERPRISES, LLC v. 711 SECOND AVE CORP.

12081, 110703/11

116 A.D.3d 617 (2014)

985 N.Y.S.2d 215

2014 NY Slip Op 2851

BLDG ABI ENTERPRISES, LLC, Respondent, v. 711 SECOND AVE CORP. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 24, 2014.

While the court mistakenly referred to plaintiff's motion as a motion to reargue, it was essentially treated as a motion for renewal. In general, motions for renewal should be based on "newly discovered facts that could not be offered on the prior motion" (Mejia v Nanni, 307 A.D.2d 870, 871 [1st Dept 2003]; CPLR 2221 [e] [2]). However, "courts have discretion to relax this requirement and to grant such a motion in the interest of...

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