Cerra v. Scher Fabrics, Inc.

Appellate Division of the Supreme Court of New York

Cerra v. Scher Fabrics, Inc.

298 A.D.2d 272, 748 N.Y.S.2d 483, 2002 N.Y. App. Div. LEXIS 10176

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 2002

StatusPublished

This text of 298 A.D.2d 272 (Cerra v. Scher Fabrics, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cerra v. Scher Fabrics, Inc., 298 A.D.2d 272, 748 N.Y.S.2d 483, 2002 N.Y. App. Div. LEXIS 10176 (N.Y. Ct. App. 2002).

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Opinion

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 10, 2001, which granted defendants’ motion to dismiss the amended complaint pursuant to CPLR 3211, but granted plaintiff leave to commence a new action, unanimously affirmed, without costs.

The motion court properly exercised its discretion in granting plaintiff leave to commence a new action. Plaintiff, in accordance with the procedural requirements of CPLR 3211 (e), requested leave to replead in the event that defendants’ motion to dismiss was granted, and although plaintiff did not submit additional evidence in support of her request to replead, such evidence was not essential to the relief sought (see Rovello v Orofino Realty Co., 40 NY2d 633, 635). Concur — Williams, P.J., Buckley, Sullivan and Lerner, JJ.

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Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 10, 2001, which granted defendants’ motion to dismiss the amended complaint pursuant to CPLR 3211, but granted plaintiff leave to commence a new action, unanimously affirmed, without costs.

The motion court properly exercised its discretion in granting plaintiff leave to commence a new action. Plaintiff, in accordance with the procedural requirements of CPLR 3211 (e), requested leave to replead in the event that defendants’ motion to dismiss was granted, and although plaintiff did not submit additional evidence in support of her request to replead, such evidence was not essential to the relief sought (see Rovello v Orofino Realty Co., 40 NY2d 633, 635). Concur — Williams, P.J., Buckley, Sullivan and Lerner, JJ.

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Bluebook (online)

298 A.D.2d 272, 748 N.Y.S.2d 483, 2002 N.Y. App. Div. LEXIS 10176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cerra-v-scher-fabrics-inc-nyappdiv-2002.

Opinion

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