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Court hints at its view towards renewal when discovery is outstandingJanuary 17, 2019

Corvino v Schineller, 2019 NY Slip Op 00259 (2d Dept. 2019)

“The defendant’s contention that the plaintiff’s motion should have been denied without leave to renew is not properly before this Court. However, we note our concern that, where a motion for summary judgment has been made prematurely, granting leave to renew upon completion of discovery may only encourage the making of premature motions, resulting in successive motion practice and, in turn, successive appeals, thus increasing the burdens on this Court. Motion courts should therefore exercise their discretion with care in deciding whether to give advance permission to a movant to make a successive motion for summary judgment. “

The Scheinkman Court has been sending out signals that he wants the Second Department to run similar to how Westchester Supreme Court ran when Justice Schneinkman was the administrative judge at that court. We saw an admonition to the trial judges in a criminal case involving involuntariness of pleas. Also, the Court warned us that extensions of time to perfect briefs would not be ripe for the asking.

Personally, they should break up the Second Department into a new Fifth Department for Long Island and Mid-Hudson Valley matters. The Court just hears too many cases, and it is not fair to the Judges or the attorneys to wait 2 years for argument/submission or 3 months following same for an opinion.

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