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ESTATE OF ISIDORO LIPSTEIN, a/k/a ISAAC LIPSTEIN, Deceased

ESTATE OF ISIDORO LIPSTEIN, a/k/a ISAAC LIPSTEIN, Deceased. (14/1251/A) — In this pending proceeding, the Court denied the petition seeking an extension of time to file and serve a renunciation, inasmuch as petitioner failed to show reasonable cause for not filing and serving the renunciation timely. Counsel for petitioner, however, now moves for leave to renew the Order of the Court denying the petition.

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ESTATE OF ISIDORO LIPSTEIN, a/k/a ISAAC LIPSTEIN, Deceased. (14/1251/A) — In this pending proceeding, the Court denied the petition seeking an extension of time to file and serve a renunciation, inasmuch as petitioner failed to show reasonable cause for not filing and serving the renunciation timely. Counsel for petitioner, however, now moves for leave to renew the Order of the Court denying the petition.

A motion for leave to renew must be supported by new or additional facts, which, if known to a party at the time of the prior motion, were not known to the party seeking renewal; and, consequently, not made known to the court (Brooklyn Welding Corp. v. Chin, 236 AD2d 392; Karlin v. Bridges, 172 AD2d 644). In addition, movant should offer a valid excuse for not submitting the new facts upon the original application, and may not later present a “different legal argument merely because he was unsuccessful upon the original application” (Michael v. Communications Workers of America AFLCIO, 130 Misc2d 424, 427, citing, Foley v. Roche, 68 AD2d 558, and Cirfico Holdings v. G.T.E., 99 AD2d 939). While a motion to renew, however, must generally be based on newly discovered facts, the court has the discretion to grant this relief in the interest of justice, although not all the requirements for renewal are met (Strong v. Brookhaven Memorial Hospital Medical Center, 240 AD2d 726).

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