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A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record

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October 25, 2010 at 5:35 pm


Law Lessons from KARIN L. CHRISMAN n/k/a KARIN L. SUTER V. WILLIAM M. CHRISMAN, App. Div, A-4215-08T2, October 25, 2010:

“Reconsideration is a matter to be exercised in the trial court’s sound discretion.” Capital Fin. Co. of Del. Valley, Inc. v. Asterbadi, 398 N.J. Super. 299, 310 (App. Div.) (citing Johnson v. Cyklop Strapping Corp., 220 N.J. Super. 250, 257 (App. Div. 1987), certif. denied, 110 N.J. 196 (1988)), certif. denied, 195 N.J. 521 (2008). The court has said:

Reconsideration should be utilized only for those cases which fall into that narrow corridor in which either
1) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or
2) it is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence[.]

[Cummings v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996) (quoting D’Atria v. D’Atria, 242 N.J. Super. 392, 401 (Ch. Div. 1990)).]

“A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, . . . not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record.” Capital Fin. Co., supra, 398 N.J. Super. at 310 (citing Cummings, supra, 295 N.J. Super. at 384).





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