Matter of Leyberman v. Leyberman
| Decision Date | 11 September 2007 |
| Docket Number | 2006-11250. |
| Citation | 842 N.Y.S.2d 460,2007 NY Slip Op 06687,43 A.D.3d 925 |
| Parties | In the Matter of MIRIAM LEYBERMAN, Appellant, v. LEV LEYBERMAN, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the respondent.
A motion for leave to renew, inter alia, "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] [2]) and "shall contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e] [3]). A motion for "renewal `is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation'" (Rubinstein v Goldman, 225 AD2d 328, 328-329 [1996], quoting Matter of Weinberg, 132 AD2d 190, 210 [1987]). Here, the court providently exercised its discretion in denying that branch of the petitioner's motion which was for leave to renew since the petitioner failed to present "new facts" that were unavailable to her at the time she filed her written objections and which would change the prior determination (see Williams v Nassau County Med. Ctr., 37 AD3d 594 [2007]; Giovanni v Moran, 34 AD3d 733, 734 [2006]).
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