Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing and development.

Still, we, here at Miletti Law®, feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, we are thrilled to continue creating content-filled videos that cover diverse areas of Labor Law to educate and deliver in a sense that only Miletti Law® can. In this regard, this blog introduces you to our video titled “Practical Advice – Motion to Reargue, Motion to Renew,” which, contrary to the norm, was not made at the office but at “The Fit Life for Dawn” gym because our firm’s mascot, Flex, has developed the naughty tendency of chewing on the camera, cables, and everything else making it hard for Vinny to create videos. Enough with Flex already!

In this video, as well as another that follows, we seek to provide you, whether an attorney or client, with practical advice regarding issues related to litigations. To understand the context behind this practical advice, let us look at a scenario from an attorney’s point of view. Assume that you are an attorney and have a client for whom you would like to file a Motion for injunctive relief or file an Order To Show Cause in favor of injunctive relief. In simple terms, the “Motion” is the formal request (always documented) through which you would ask the court to grant your client injunctive relief. While an injunction would be the order granted by the court, relief would be the remedy restraining a party from doing something or requiring them to act in a given manner.

This implies that to file a Motion for injunctive relief, you would prepare a formalized document, known as a motion, through which you would be asking the court to do something. When the court is asking a party to do something, that is known as an “injunction.” An injunction is “formalized” by way of an “Order.” Similarly, an Order To Show Cause is similar to a Motion, but the Order To Show Cause moves quicker although still seeking to achieve a similar goal. Irrespective of the process you use, let us assume that the court does not rule in favor of your Motion and definitely not in favor of your client. As the title of our video suggests, you may want to revisit this lawsuit through what is called a “Motion to Reargue” or “Motion to Renew.” Well, rest assured that no judge would want to sit and listen to this “non-sense” a second time but damn it, you are the type that does not go down that easily!

In case you and your client wish to bring it up again, the state of New York has two legal tools provided under the CPLR (New York Civil Practice Law and Rules), which is chapter 8 of the Consolidated Laws of New York. These two tools are the “Motion to Reargue” & “Motion to Renew” provided under CPLR 2221.

Motion to Reargue

Under the “Motion to Reargue,” you would try to tell the judge that a law or clause was misapplied/misconstrued/misinterpreted or this or that thing was missed, but which was already on the file and, as a result, you should get another bite of the apple.

Motion to Renew

Under the “Motion to Renew,” you have found new information, data, or a piece of evidence regarding a fact or something that was not available during the previous hearing. Using this new information, data, or facts, you would tell the judge that you would like to renew the lawsuit on such merits.

Although one would use either tool to achieve a similar goal, it is crucial to understand that, as elaborated above, each uses a different mechanism and approach to the issue. Therefore, combining them may not be advisable. Nonetheless, one could attempt to use either and try to turn the tables and have the court grant your client the so-much needed injunctive relief. It would not be after such a new ruling that you would understand the essence of our practical advice concerning the need to file either a “Motion to Reargue” or “Motion to Renew.” As a client, you should be aware that these two tools are at your disposal for use in case you need the issue to be revisited.

Please, feel free to view our video at https://www.youtube.com/watch?v=fjlEPjjzPug.

As we continue hammering on new stuff every day, stay tuned for more educative videos, inspiring training, & legal advice. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.