Mejia v. Nanni, 307 A.D.2d 870 (N.Y. App. Div. 1st Dep't 2003). · Go Syfert
Mejia v. Nanni, 307 A.D.2d 870 (N.Y. App. Div. 1st Dep't 2003). Cases Citing This Book View Copy Cite
65 citation events (65 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 2003 → 2026 · click a year to view as-of
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At page 871 Granting renewal motions in the interest of justice39 citing cases“although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion (see cplr 2221 e), courts have discretion to relax this requirement and to grant such a motion in the interest of justice”6 citing courts quote it · 32 listed here
  • Forbes v. City of New York, 241 A.D.3d 411 (N.Y. App. Div. 1st Dep't 2025).published
    Courts also "have discretion to relax this requirement and to grant such a motion in the interest of justice" ( Matter of Pasanella v Quinn , 126 AD3d 504 , 505 [1st Dept 2015], quoting Mejia v Nanni , 307 AD2d 870, 871 [1st Dept 2003]).
  • People v. Chance, 2025 NY Slip Op 51639(U) (Bronx Criminal Ct. 2025).unpublished 2 cites
    However, "although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion ( see CPLR 2221[e]), courts have discretion to relax this requirement and to grant such a motion in the in…
  • Dep't Stores Natl. Bank v. Bailey, 85 Misc. 3d 139(A) (N.Y. App. Term. 2025).unpublished 3 cites
    Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion ( see CPLR 2221 [e]), courts have discretion to relax this requirement and grant such a motion "in the interest of j…
  • Betancourt v. Burnside Mews Assoc., L.P., 2024 NY Slip Op 04803 (N.Y. App. Div. 1st Dep't 2024).published 2 cites
    The court providently exercised its discretion in granting renewal ( see Mejia v Nanni , 307 AD2d 870, 871 [1st Dept 2003]).
  • Paul Robeson Houses Assoc. v. Francis, 70 Misc. 3d 130(A) (N.Y. App. Term. 2020).unpublished
    Although renewal motions generally should be based on newly discovered facts that could not have been offered on the prior motion ( see CPLR 2221[e]), courts have discretion to relax this requirement and grant such a motion in the interest…
  • 187 Concourse Assoc. v. Dillard, No. 2020 NYSlipOp 50389(U) (N.Y. App. Term. Apr. 3, 2020).published
    Although renewal motions should generally be based on newly discovered facts that could not be offered on the prior motion ( see CPLR 2221[e]), courts have discretion to relax this requirement and grant such motions in the interest of just…
  • Amna, L.L.C. v. Gold House Buyers, No. 2019 NYSlipOp 51084(U) (N.Y. App. Term. July 2, 2019).published
    Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion ( see CPLR 2221[e]), courts have discretion to relax this requirement and grant such a motion in the interest of jus…
  • Rivera v. Tribeca White St., LLC, 2019 NY Slip Op 1647 (N.Y. App. Div. 1st Dep't 2019).published
    Given the merit of Everett's original motion for summary judgment (but for its technical defects) and the lack of prejudice to Clarendon, the motion court properly granted Everest's motion for renewal ( see Mejia v Nanni , 307 AD2d 870, 87…
  • Arthur v. Liberty Mut. Auto & Home Servs. LLC, 2019 NY Slip Op 1316 (N.Y. App. Div. 1st Dep't 2019).published
    Ctr. , 19 AD3d 205, 206 [1st Dept 2005]; Mejia v Nanni , 307 AD2d 870, 871 [1st Dept 2003]).
  • Giordano v. Tishman Constr. Corp., 152 A.D.3d 470 (N.Y. App. Div. 1st Dep't 2017).published
    The court, in this case, providently exercised its discretion in granting defendant’s motion for renewal and reargument (see generally Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]; Scannell v Mt.
Show 22 more citing cases
  • Agudelo de Ocampo v. Kurtz, No. 2017 NYSlipOp 50342(U) (N.Y. App. Term. Mar. 22, 2017).published
    Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion (CPLR 2221[e]), courts have discretion to relax this requirement and grant such a motion in the interest of justice…
  • Morizio v. Roeder, No. 2017 NYSlipOp 50248(U) (N.Y. Sup. Ct. Feb. 17, 2017).published 2 cites
    Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]).
  • Jones v. City of New York, 146 A.D.3d 690 (N.Y. App. Div. 1st Dep't 2017).published
    Even were renewal granted in the interest of justice (Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]), the motion court properly determined that there was no basis for changing its original determination denying plaintiff leave to serve…
  • Dorian v. City of New York, 129 A.D.3d 445 (N.Y. App. Div. 1st Dep't 2015).published 2 cites
    Plaintiff presented additional facts in her papers on her “re-argument” motion and, accordingly, we treat the motion as one for renewal, the denial of which is appealable (see Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]; Sementilli v…
  • Matter of Pasanella v. Quinn, 126 A.D.3d 504 (N.Y. App. Div. 1st Dep't 2015).published
    Although a party seeking renewal should offer a reasonable justification for failing to present any new facts on the prior motion (see CPLR 2221 [e] [3]), “courts have discretion to relax this requirement and to grant such a motion in the…
  • BLDG ABI Enter., LLC v. 711 Second Avenue Corp., 116 A.D.3d 617 (N.Y. App. Div. 1st Dep't 2014).published 2 cites
    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 AD2d 870, 871 [1st Dept 2003]; CPLR 2221 [e] [2]).
  • Hines v. New York City Transit Auth., 112 A.D.3d 528 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    Plaintiffs motion is properly considered one for renewal, since she submitted a properly notarized affidavit of a nonparty witness, thereby correcting an error in the original papers (see Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]; C…
  • Tuccillo v. Bovis Lend Lease, Inc., 101 A.D.3d 625 (N.Y. App. Div. 2012).published 2 cites
    “Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion (see CPLR 2221 [e]), courts have discretion to relax this requirement and to grant such a motion in the interest of…
  • Vega v. Restani Constr. Corp., 98 A.D.3d 425 (N.Y. App. Div. 1st Dep't 2012).published 2 cites
    Although defendants failed to comply with the requirements of CPLR 2221 (e) (3) by not providing a reasonable justification for their failure to present the alleged new facts on the prior motion, under the circumstances, these failures do…
  • Zabari v. Zabari, 93 A.D.3d 527 (N.Y. App. Div. 1st Dep't 2012).published
    We decline to reverse the motion Court’s denial of defendants’ motion for renewed in the interest of justice (see Mejia v Nanni, 307 AD2d 870, 871 [2003]).
  • Salman v. Rosario, 87 A.D.3d 482 (N.Y. App. Div. 1st Dep't 2011).published
    Corp. of N.Y. v City of New York, 280 AD2d 374, 376-377 [2001]; Mejia v Nanni, 307 AD2d 870, 871 [2003]).
  • Bustos v. Lenox Hill Hosp., 80 A.D.3d 539 (N.Y. App. Div. 1st Dep't 2011).published
    Under the particular circumstances presented, the affidavit of plaintiffs expert was properly considered by the court on renewal (see Mejia v Nanni, 307 AD2d 870, 871 [2003]; Garner v Latimer, 306 AD2d 209 [2003]; Tishman Constr.
  • Atiencia v. MBBCO II, LLC, 75 A.D.3d 424 (N.Y. App. Div. 1st Dep't 2010).published
    Although the newly submitted evidence was available at the time of the prior motion, the court “ha[d] discretion to relax this requirement and to grant such a motion in the interest of justice” {Mejia v Nanni, 307 AD2d 870, 871 [2003]).
  • Sirico v. F.G.G. Prods., Inc., 71 A.D.3d 429 (N.Y. App. Div. 1st Dep't 2010).published
    “Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion (see CPLR 2221 [e]), courts have discretion to relax this requirement and to grant such a motion in the interest of…
  • Mattis v. Keen, 54 A.D.3d 610 (N.Y. App. Div. 1st Dep't 2008).published
    Although motions to renew should be based on newly discovered facts that could not have been offered on the prior motion, courts have discretion to relax this requirement and grant the motion in the interest of justice (see Mejia v Nanni,…
  • Adelaide Prods., Inc. v. BKN Int'l AG, 39 A.D.3d 254 (N.Y. App. Div. 1st Dep't 2007).published
    On this record, we deem it appropriate to reverse the grant of a money judgment and to refer for a fact-finding hearing the question of whether and to what extent respondent owed a debt to Durham on the date this proceeding was commenced (…
  • Branca v. Dep't of Educ., 25 A.D.3d 485 (N.Y. App. Div. 1st Dep't 2006).published
    Following the court’s dismissal of the proceeding, petitioner moved for reargument—properly treated by the court as a motion for renewal (Mejia v Nanni, 307 AD2d 870, 871 [2003])—on the ground that the hearing officer had denied subpoenas…
  • Webdale v. North Gen. Hosp., 7 Misc. 3d 947 (N.Y. Sup. Ct. 2005).published
    However, courts have wide discretion to address motions to renew “in the interest of justice.” (Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]; see also Matter of Dier, 13 AD3d 150 [1st Dept 2004]; Abax, Inc. v Lehrer McGovern Bovis, Inc…
  • AIU Ins. v. Thomas, 5 A.D.3d 680 (N.Y. App. Div. 2d Dep't 2004).published
    Under the circumstances of this case, the Supreme Court properly granted the respondents’ motion which was, in effect, for leave to renew and, upon renewal, inter alia, denied the petition and dismissed the proceeding to stay arbitration o…
  • 125 Ct. St., LLC v. Nicholson, 67 Misc. 3d 28 (N.Y. App. Term. 2019).published
    In any event, "[a] motion to renew is intended to draw the court's attention to new or additional facts which, although in existence at the time of the original motion, were unknown to the party seeking leave to renew and therefore not bro…
  • Martin v. City of New York, 103 A.D.3d 412 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    Thus, Supreme Court properly granted petitioner’s motion to renew (CPLR 2221 [e] [2]; see Mejia v Nanni, 307 AD2d 870, 871 [1st Dept 2003]).
  • Solomon Holding Corp. v. Stephenson, 118 A.D.3d 613 (N.Y. App. Div. 1st Dep't 2014).published 2 cites
    (courts have discretion to relax this requirement (newly discovered facts that could not be offered on the prior motion) and to grant such a motion in the interest of justice)
763 N.Y.S.2d at 612 Courts' discretion in granting renewal motions1 citing case“Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion, courts have discretion to relax this requirement and to grant such a motion in the interest of justice”1 citing court quotes it
  • Fortun Vantage Ins., LLC v. Fortun, 2025 NY Slip Op 31948(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    “Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion, courts have discretion to relax this requirement and to grant such a motion in the interest of…”
Retrieving the full opinion text from the archive…
James Mejia
v.
Vincent A. Nanni
Appellate Division of the Supreme Court of the State of New York.
Aug 21, 2003.
Published opinion
307 A.D.2d 870
2003 N.Y. App. Div. LEXIS 8991
Cited by 297 opinions  |  Published

Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about July 11, 2002, which denied defendants’ motion for renewal (incorrectly denominated a motion for reargument) of a prior order, same court and Justice, entered January 4, 2002, which had denied defendants’ motion to change the venue of this action to Westchester County, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion for renewal granted, and, upon renewal, the motion to change venue granted.

The subject motor vehicle accident occurred in Westchester County, where plaintiffs reside. According to the police accident report, defendant wife, who had been the driver in the incident, told the investigating officer that she lived at an address in Westchester County, and the automobile’s registration and insurance information disclosed that defendant husband lived at the same address in Westchester County. Nonetheless, plaintiffs brought this action in Bronx County, purportedly because defendant husband resided at an address in the Bronx. When defendants initially moved to change venue to Westchester County based solely on the police accident report, plaintiffs opposed the motion by submitting undated telephone directory listings for an individual with the same name as defendant husband at a Bronx address. The initial motion to change venue was denied on the ground that defendant husband failed to submit any affidavit or documentary evidence establishing his residence in Westchester County.

Defendants evidently did not appeal from the denial of their initial venue motion. They did, however, make a motion purporting to seek reargument, in support of which they submitted affidavits attesting to their residence in Westchester County at all relevant times, as well as invoices from Con Edison and AT&T addressed to them in Westchester County. Defendant husband explained that his late father, who had the same name, had formerly lived at the Bronx County address set forth in the telephone directory listings submitted by plaintiffs. The IAS court denied the second motion as well, noting that it was untimely if treated as a motion for reargument[*871] (since served outside the time limit of CPLR 2221 [d] [3]). The IAS court further noted that, if the motion was treated as one for renewal, “as it really is,” it could not be granted because defendants suggested no excuse for their failure to offer the newly submitted evidence in support of the initial motion.

We reverse and grant the change of venue. We agree with the IAS court that defendants’ second motion, denominated as one for reargument, was actually a motion for renewal, since it was based on evidence not presented on the prior motion, i.e., defendants’ affidavits and the invoices addressed to their Westchester County address. Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion (see CPLR 2221 [e]), courts have discretion to relax this requirement and to grant such a motion in the interest of justice (see e.g. Daniels v City of New York, 291 AD2d 260 [2002]; Strong v Brookhaven Mem. Hosp. Med. Ctr., 240 AD2d 726 [1997]). On this record, in which the only competent evidence is that both defendants reside in Westchester County, we deem it appropriate to reverse and grant renewal of the motion to change venue in the exercise of our discretion, and thereupon direct a change of venue. Concur— Nardelli, J.P., Mazzarelli, Saxe, Rosenberger and Friedman, JJ.