Mees v Buiter

Holding The court affirmed the denial of the plaintiff’s motion for leave to renew her opposition to the dismissal of her complaint because she failed to demonstrate new facts or provide reasonable justification for her delay. Additionally, the court denied the motion to vacate the prior order under CPLR 5015(a)(3) due to an unreasonable delay and a failure to establish fraud or misconduct.

The court’s words

A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination"

2026 NY Slip Op 05303, at the official text

the plaintiff failed to demonstrate new facts in support of that branch of her motion which was for leave to renew

2026 NY Slip Op 05303, at the official text

the plaintiff's delay of approximately four years in seeking relief under CPLR 5015(a)(3) was unreasonable

2026 NY Slip Op 05303, at the official text

the plaintiff also failed to establish the existence of fraud, misrepresentation, or other misconduct by the defendant

2026 NY Slip Op 05303, at the official text