Category: Motion to Renew

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Motion to Renew / New York / Summary Judgment
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Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

Court: Supreme Court of New York, New York County

Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since changed the law regarding causation. Under New York law, a party may move for leave to renew a decision to assert  “new facts not offered on the prior motion that would change the prior determination or . . . demonstrate that there has been a change in the law that …

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Causation / Motion to Renew / Summary Judgment
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Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Supreme Court of New York, Nassau County

Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on the prior motion that would change the prior determination, and reasonable justification for the failure to present such facts on the prior motion.

The court had denied Perkins’ motion, finding that it failed to meet its initial burden on summary judgment by including expert support. That …

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