American Tr. Ins. Co. v. Barakat PT PC

Summary

The Appellate Division, Second Department reversed an order granting American Transit Insurance Company's motion for leave to renew and reargue its opposition to a motion to strike the complaint. The court held that the insurer failed to establish grounds for reargument or renewal and reinstated the prior order striking the complaint under CPLR 3126(3) for failure to comply with discovery obligations.

Holdings

1. Leave to reargue should have been denied because plaintiff did not show that the Supreme Court overlooked or misapprehended the facts or law, or otherwise mistakenly reached its earlier decision.
2. Plaintiff's contention that defendant was required to serve the April 2023 discovery order with notice of entry was improperly raised for the first time on reargument.
3. Leave to renew should have been denied because plaintiff did not offer a reasonable justification for failing to submit the purportedly new facts in opposition to defendant's original motion.
4. The November 6, 2024 order was reversed, plaintiff's motion for leave to renew and reargue was denied, and the August 9, 2023 order striking the complaint was reinstated.

Questions Presented

1. Whether the Supreme Court properly granted plaintiff leave to reargue its opposition to defendant's motion to strike the complaint under CPLR 3126(3).
2. Whether plaintiff satisfied CPLR 2221(e)'s requirements for renewal by presenting new facts that would change the prior determination and reasonably justifying its failure to present them earlier.
3. Whether plaintiff could raise for the first time on reargument the contention that defendant was required to serve the discovery order with notice of entry.

Disposition

reversed