Ardolino v. Reinhardt

Patterson, P J. :

This is an application by the respondent for leave to file a •rejoinder brief to the replying brief of the appellant on the ground that in such replying brief the appellant has presented an entirely new point not mentioned in his original brief and, therefore, one which the respondent had no reason to believe would be raised and which he was not called upon to consider.

Motions of this character are not allowed, but some remedy should be provided for such a situation as that m which the moving party is here placed. It has of late come within the observation of the court that…