Free Renewal - New York

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF -------------------------------------------------------------X

Plaintiff,

Index No.:

-against-

RENEWAL ORDER

Defendant. ------------------------------------------------------------X J.:

Plaintiff / Defendant moves by Order to Show Cause for an order pursuant to CPLR §2221 granting leave to renew the court's prior order dated the motion. CPLR §2221 governs motions affecting prior orders. In a motion for renewal, a party must present material facts which exist at the time the prior motion was made which were not then known. Foley v. Roche, 68 A.D.2d 558 (1st Dept. 1979). In the present application, the plaintiff / defendant requests an order granting renewal. The plaintiff / defendant offers no new proof upon which to base this request, but rather, seeks to convince the court to re-consider the issues and arguments presented under the original motion. Accordingly, pursuant to CPLR §2221, the motion for renewal is denied. This constitutes the decision and order of the court. . Plaintiff / Defendant opposes

Dated:

Justice Supreme Court

Renewal Order September 2004