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Daily Archives: Sunday, January 1, 2017

Posted: January 1, 2017

Court Abused Discretion in Allowing Party to use Motion for Renewal to Change Legal Theories

On December 22, 2016, the First Department issued a decision in Matter of Kopicel v. Schnaier, 2016 NY Slip Op. 08608, holding that the trial court abused its discretion in allowing a party to use a motion for renewal to change its legal theory, explaining: Renewal should have been denied where, as here, respondents offered... Read more »