Appellate Division, First Department · October 8, 2026 · 2026 NY Slip Op 05853
Hammer & Steele, Inc. v Environmental Mgt. Consultants, Inc.
Read the official decision: 2026 NY Slip Op 05853
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Holding The Appellate Division held that the lower court improvidently exercised its discretion in granting leave to renew the opposition to the motion to dismiss because the plaintiff failed to demonstrate new facts or a change in the law. The court modified the order to deny the motion for leave to renew the dismissal as against the non-party defendants.
The court’s words
The court's grant of the motion for leave to renew was an improvident exercise of discretion because plaintiff's motion was not based upon new facts not previously considered by the court or a change in the law that would change the prior determination
2026 NY Slip Op 05853, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 8, 2026 |
| Citation | 2026 NY Slip Op 05853 |
| Area of law | Civil Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05853 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1067 |
Recommended citation
ESQ HQ, New York Law Watch, Hammer & Steele, Inc. v Environmental Mgt. Consultants, Inc., 2026 NY Slip Op 05853 (Appellate Division, First Department, October 8, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05853/
How this record was made
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