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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
CourtAppellate Division, First Department
DecidedOctober 8, 2026
Citation2026 NY Slip Op 05853
Area of lawCivil Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05853
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1067

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

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 8, 2026. Updated October 8, 2026.