Key Takeaway
Dookhie allowed the plaintiff to answer defendants' new reply argument on renewal. Read the 2020 decision and the limits of that procedural ruling.
This article is part of our ongoing renew and reargue coverage, with 14 published articles analyzing renew and reargue issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Last reviewed: September 2026
Dookhie permitted the plaintiff to answer an argument the defendants first made in reply. It did not give a party permission to hold back its own proof and introduce it later through renewal.
Historical note: Dookhie allowed a response to an opponent’s newly raised reply argument; Tapia v Van Rossum confirms that unexplained omissions do not otherwise earn renewal.
Who raised the new point?
In Dookhie v Woo, 180 AD3d 459 (1st Dept 2020), the defendants sought dismissal of a medical-malpractice action as untimely. Their reply first contended that a later course of treatment was unrelated to the condition at issue. The plaintiff sought renewal with an expert affirmation addressing that contention.
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The First Department held that renewal should have been granted. It also found a factual issue concerning continuous treatment, reversed the challenged orders and reinstated the complaint.
Answering the reply is the distinction
Start with the reply papers. The new expert material responded to an opponent’s newly raised position. The decision does not endorse a movant’s deliberate decision to save an argument for reply.
For a proposed renewal motion, identify the exact reply passage and the material offered to answer it. Tapia, cited above, addresses the separate problem of additional proof omitted without reasonable justification. The medical limitations issue in Dookhie depends on its record; this note is not a calculation of a filing deadline.
Connect to the Encyclopedia
- CPLR 2221: governing rule and related decisions
- Abrams: diligence after a missing witness was located
- Provek: explaining an employment-date mistake
- Ferrara: correcting the form of medical proof
- Ashraf Ashour: replacing companion-case papers
- Terio: late reargument while an appeal was pending
For review of a particular motion record or an attorney referral, contact the Law Office of Jason Tenenbaum.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a renew and reargue matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
