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FOX v. ABE SCHRADER CORP.

36 A.D.2d 591 (1971)

Lou Fox, Respondent, v. Abe Schrader Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 18, 1971

The order under appeal involves departures from proper practice by both sides. Originally plaintiff moved for summary judgment. Upon denial of his motion he sought reargument and in this application moved to strike the first affirmative defense. Reargument is never a vehicle for seeking new forms of relief (Simpson v. Loehmann, 21 N.Y.2d 990; Tripp, a Guide to Motion Practice [revd. ed.], § 11). However, as defendant has addressed...

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