Copeland v. Weyerhaeuser Co.

Appellate Division of the Supreme Court of New York

Copeland v. Weyerhaeuser Co.

122 A.D.2d 561, 504 N.Y.S.2d 944, 1986 N.Y. App. Div. LEXIS 59835

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

DecidedJuly 11, 1986

StatusPublished

Cited by1 cases

This text of 122 A.D.2d 561 (Copeland v. Weyerhaeuser Co.) 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

Copeland v. Weyerhaeuser Co., 122 A.D.2d 561, 504 N.Y.S.2d 944, 1986 N.Y. App. Div. LEXIS 59835 (N.Y. Ct. App. 1986).

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Opinion

— Order unanimously affirmed, without costs. Memorandum: We affirm for the reasons stated in the memorandum decision at Special Term (Conway, J.). We add only that the court did not abuse its discretion in declining to grant a continuance of the motion in order to permit plaintiffs to obtain discovery (CPLR 3211 [d]). Plaintiffs, on a prior motion to dismiss, were granted leave to replead after obtaining discovery, yet they made no effort to compel discovery until after they amended their complaints and were faced with this second motion to dismiss. (Appeal from order of Supreme Court, Monroe County, Conway, J. — dismiss complaint.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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— Order unanimously affirmed, without costs. Memorandum: We affirm for the reasons stated in the memorandum decision at Special Term (Conway, J.). We add only that the court did not abuse its discretion in declining to grant a continuance of the motion in order to permit plaintiffs to obtain discovery (CPLR 3211 [d]). Plaintiffs, on a prior motion to dismiss, were granted leave to replead after obtaining discovery, yet they made no effort to compel discovery until after they amended their complaints and were faced with this second motion to dismiss. (Appeal from order of Supreme Court, Monroe County, Conway, J. — dismiss complaint.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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Bluebook (online)

122 A.D.2d 561, 504 N.Y.S.2d 944, 1986 N.Y. App. Div. LEXIS 59835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/copeland-v-weyerhaeuser-co-nyappdiv-1986.

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