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IN THE MATTER OF ALLSTATE INS. CO. v. LIBERTY MUT. INS.

58 A.D.3d 727 (2009)

872 N.Y.S.2d 146

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. LIBERTY MUTUAL INSURANCE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

January 20, 2009.

Ordered that the order is affirmed, with costs.

Although a motion for leave to renew generally must be based on newly-discovered facts, this requirement is a flexible one, and a court has the discretion to grant renewal upon facts known to the movant at the time of the original motion, provided that the movant offers a reasonable justification for the failure to submit the additional facts on the original motion (see...

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