CPLR 2221: Reargue or Renew – and Why the Wrong Choice Loses the Motion
Short answer: under CPLR 2221(d)(3), a motion to reargue “shall be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry.” For renewal under 2221(e), you need new facts that “would change the prior determination,” plus a “reasonable justification” for not putting them in front of the court the first time.
Reargument says the court got the existing record wrong. Renewal says that record was incomplete. Argue one under the other’s standard and the court can deny the motion without ever reaching your point.
What separates a motion to reargue from a motion to renew in New York?
CPLR 2221 draws that line in two parallel subdivisions. A motion for leave to reargue “shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion” (2221(d)(2)). A motion for leave to renew “shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination” (2221(e)(2)).
Here is the practical test. If your argument needs an exhibit the court never saw, it is not reargument. If you are working only from the papers already submitted, it is renewal only when the law itself has changed.
Both motions “shall be identified specifically as such” (2221(d)(1), (e)(1)). Caption the paper “Motion for Leave to Reargue” or “to Renew” – not “reconsideration.”
What is the deadline for a motion to reargue under CPLR 2221(d)?
Thirty days from service – not from the decision, and not from entry alone. The statute requires that the motion “be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry” (2221(d)(3)). Until that service happens, the statutory clock does not start.
Service by mail stretches the period. CPLR 2103(b)(2) provides that “where a period of time prescribed by law is measured from the service of a paper and service is by mail, five days shall be added to the prescribed period if the mailing is made within the state,” and six days when the mailing is from outside the state but still within the United States. For overnight delivery under 2103(b)(6), “one business day shall be added to the prescribed period.”
Is there a deadline for a motion to renew?
The text of 2221(e) sets content requirements and contains no time limit. We did not verify case law on any outer deadline, so do not read that silence as a green light to wait.
What counts as a reasonable justification for renewal?
Subdivision (e)(3) requires that the motion “shall contain reasonable justification for the failure to present such facts on the prior motion.” The Second Department applied that requirement in Mount Sinai Hosp. v Dust Tr., Inc., 104 AD3d 823 (2d Dept 2013). The defendant had moved under CPLR 2221(a), which “merely provides that certain motions may be made, on notice.” Because the motion relied on new facts, it “should have been made pursuant to CPLR 2221 (e) for leave to renew,” and the defendant “failed to demonstrate ‘reasonable justification’ for its failure to present such facts on the prior motion.” The court reversed and reinstated the prior order and judgment.
Subdivision (a) only decides which judge hears the motion; it is not a basis for relief. And the justification has to appear in the moving papers.
How do you make a combined motion to reargue and renew?
Subdivision (f) lets you seek both in a single motion, but only on conditions: it “shall identify separately and support separately each item of relief sought,” and the court “shall decide each part of the motion as if it were separately made.” Keep the points and the standards separate, and keep the old record apart from the new material.
Under subdivision (a), the motion generally goes on notice to the judge who signed the order. For notice periods, see our CPLR 2214(b) article.
CPLR 2221 rule table: operative language
| Provision | Operative language (quoted) | Source |
|---|---|---|
| CPLR 2221(d)(1), (e)(1) | “shall be identified specifically as such” | nysenate.gov |
| CPLR 2221(d)(2) | “shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion” | nysenate.gov |
| CPLR 2221(d)(3) | “shall be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry” | nysenate.gov |
| CPLR 2221(e)(2) | “shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination” | nysenate.gov |
| CPLR 2221(e)(3) | “shall contain reasonable justification for the failure to present such facts on the prior motion” | nysenate.gov |
| CPLR 2221(f) | “shall identify separately and support separately each item of relief sought” | nysenate.gov |
| CPLR 2103(b)(2) | “five days shall be added to the prescribed period if the mailing is made within the state” | nysenate.gov |
Drafting-ready text: affirmation in support of leave to renew
This skeleton walks through the three elements of 2221(e) in order and closes with the affirmation form in CPLR 2106. Adapt the paragraph numbering to fit your papers.
AFFIRMATION OF [NAME] IN SUPPORT OF MOTION FOR LEAVE TO RENEW (CPLR 2221(e))
1. I am [an attorney admitted in this State / the party] and am fully familiar with the facts set out below.
2. This is a motion for leave to renew under CPLR 2221(e), identified specifically as such in the notice of motion.
3. Prior motion and order. By notice of motion dated [date], [party] moved for [relief] (Motion Seq. No. [__]). By decision and order dated [date] (the “Order”), the Court [granted/denied] that motion. A copy of the Order is annexed as Exhibit [_].
4. New facts not offered on the prior motion. [Describe each new fact and annex the evidence as Exhibit [_].] None of this material was before the Court on the prior motion.
5. Effect on the determination. The Order rested on [ground]. The new facts [explain how they eliminate that ground].
6. Reasonable justification. These facts were not presented on the prior motion because [state the specific reason, with dates: when the material came into existence or became known, and why it could not have been obtained earlier].
I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law.
______________________ [Signature]
Worked example: counting the 30 days to reargue
- Monday, September 28, 2026. Your adversary mails, from inside New York, a copy of the order with written notice of entry.
- Thirty days after service lands on Wednesday, October 28, 2026.
- CPLR 2103(b)(2) adds five days for in-state mailing, so the last day to make the motion becomes Monday, November 2, 2026.
- Mailed from another state: add six days, which gives Tuesday, November 3, 2026.
Those last days fall on weekdays, so no weekend or holiday rollover is in play. We did not verify how NYSCEF service affects the count; for electronic service, the conservative course is 30 days. If the deadline has already passed, see our CPLR 2004 and 2005 article.
How California and federal courts handle the same kind of motion
California. CCP 1008(a) folds both ideas into one motion, filed “within 10 days after service upon the party of written notice of entry of the order” and “based upon new or different facts, circumstances, or law,” with an affidavit stating “what new or different facts, circumstances, or law are claimed to be shown.” Subdivision (e) makes the section jurisdictional: no application to reconsider “may be considered by any judge or court unless made according to this section.” Our CCP 1008 article includes the declaration template.
Federal district court. FRCP 59(e): “A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.” The trigger is entry of judgment – not service with notice of entry.
Bankruptcy court. FRBP 9023(b): “A motion for a new trial or to alter or amend a judgment must be filed within 14 days after the judgment is entered.” The current restyled text took effect December 1, 2024.
New York and California run from service of notice of entry; the federal rules run from entry of judgment. See also our comparison of motion notice periods.
Pre-filing checklist for a CPLR 2221 motion
- Pull the order, the notice of entry, and the affidavit of service; note the method of service.
- Count 30 days from service for reargument, then add 5 days for in-state mail, 6 days for out-of-state mail, or one business day for overnight delivery under CPLR 2103(b).
- Existing record and overlooked points: reargue. New facts or new law: renew. Both: combine under 2221(f).
- Label the motion specifically in the notice-of-motion caption.
- For renewal, put the reasonable justification in a sworn affirmation, and include the dates.
- Calendar any appeal deadline on its own track, separate from this motion.
Frequently asked questions
Can I submit new evidence on a motion to reargue?
No. Under 2221(d)(2), reargument “shall not include any matters of fact not offered on the prior motion.” New evidence belongs in a motion to renew under 2221(e).
Is there a time limit on renewal?
Not in the text of 2221(e). Check your department’s case law before you file late.
Post-decision motions drafted to the statute
LegalBriefsUSA drafts CPLR 2221 motions for New York litigators: a correctly labeled notice of motion, a renewal affirmation built around the reasonable justification, and a deadline count tied to the affidavit of service. If an adverse order was just served, send it with the notice of entry and any new material through our contact page, and we will return a filing-ready package for your signature. For the summary-judgment context these motions often follow, see our CPLR 3212 article.
Authorities cited
Sources read October 26, 2026: CPLR 2221 at nysenate.gov (most recent revision shown as 2014-09-22); CPLR 2103(b)(2) and (b)(6) at nysenate.gov (revision shown as 2015-12-25); CPLR 2106 at nysenate.gov (revision shown as 2025-11-28). Mount Sinai Hosp. v Dust Tr., Inc., 104 AD3d 823 (2d Dept 2013), full opinion in the nycourts.gov Reporter; outcome corroborated by New York Appellate Digest. CCP 1008 at california.public.law and codes.findlaw.com, agreeing on the quoted language. FRCP 59(e) and FRBP 9023 at law.cornell.edu. Left out for lack of verification: NYSCEF service effects on the count; weekend and holiday rollover rules; any outer time limit for renewal; the interaction with appeal deadlines under CPLR 5513 and 5514; appealability of an order denying reargument (two 2025 Second Department decisions read, but no independent corroborating report found); FRCP 60(b) and local reconsideration rules.
This article is for informational purposes only and is NOT legal advice. LegalBriefsUSA.com provides drafting and research support to licensed attorneys and law firms. This article is written for attorneys and does not create an attorney-client relationship.