Legal Question in Civil Litigation in New York

reargument of case after appeal filed

can a defendant or plaintiff make an

motion to reargue his or her case

after an appeal has been filed


Asked on 10/02/07, 7:24 pm

2 Answers from Attorneys

Johm Smith tom's

Re: reargument of case after appeal filed

It all depends on what was appealed but normally you seek a retrial and then you appeal. Get an attorney if you don't know the answers to these questions.

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Answered on 10/02/07, 8:15 pm
Alani Golanski Alani Golanski, Esq.

Re: reargument of case after appeal filed

Well, actually, the answer is yes. The Notice of Appeal has to be filed within particular time period, and a motion to reargue can certainly be filed after that--but there is also a certain time period within which to do that. A motion to "renew" is a bit different, and sometimes also fits the situation, but this sort of motion (which introduces new evidence) does not suffer from the same sort of time restriction.

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Answered on 10/02/07, 8:20 pm


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