If you went to court and were dissatisfied with the judge's ruling, you may be wondering if there is any way to get the judge to reconsider the ruling. With civil matters, CPLR 2221 addresses what are called "motions to renew" and "motions to reargue." If the facts of the case were known at the time the case was filed, it is unlikely that you will be able to retry your case. On the other hand, if some facts of the case were not known, you may have options under CPLR 2221.
A motion to reargue a point by the court can only be made based on matters of fact or law, which were either presented by the parties but overlooked or misapprehended by the court in its decision. One may use a motion to renew to raise facts not offered in relation to the original motion providing such facts would change the determination. Or, if a recent change in law would affect the prior determination.
If one wishes to file a motion to renew to raise facts that were not previously offered, then it will be necessary to show reasonable justification as to why the facts were not offered to begin with.
When filing a motion to renew or reargue, or a combined motion, you must identify the specific type of relief that you are seeking, whether it is renewal, reargument, or both.
If you wish to file a motion pursuant to CPLR 2221, it must be made to the same judge who signed the original order, unless the original judge is unable to hear the motion. A motion can be made to another judge if the order was made without notice; for instance, on an ex parte motion.
If you are interested in pursuing a motion pursuant to CPLR 2221, you should contact a Nassau County divorce attorney from Jason M. Barbara & Associates, P.C. for advice. We can discuss your situation and let you know if we agree with your analysis. While it may be unlikely to change the judge's opinion, you can explore your options with a lawyer who is familiar with the New York court system.
