The recent case of Brzozowy v. Elrac, Inc. is a good example of creative lawyering.  The case involved a bifurcated trial on liability and damages.  It appears that the plaintiff failed to move to set aside the verdict within the 15-day limitation set forth in CPLR 4405.  The plaintiff attempted to avoid the time-bar by moving for reargument and renewal pursuant to CPLR 2221, attempting to gain a longer time limitation.  However, Justice Balter of Supreme Court, Kings County identified what the plaintiff had done but considered the motions for reargument and renewal in any event.

This case provides a nice warning to litigants about the 15-day time limit, and also warns of the dangers of blurring the lines between reargument and renewal motions.