Ensign v. Ensign

I do not think the technical rules usually applicable to the renewal of a motion should be enforced in a matrimonial action when it is made apparent that the supplemental proofs materially tend to change the situation so as to require a reconsideration. Indeed, the motion may be regarded as a reargument, with opportunities to each of the parties to submit additional affidavits. When the motion for counsel fees was originally presented a strong impression was made upon me, emphasized by the unverified reply to the defendant’s counterclaim, that the proof of plaintiff’s alleged misconduct and…