Gottfried v. Alsultany

Appellate Division of the Supreme Court of New York

Gottfried v. Alsultany

67 A.D.2d 678, 411 N.Y.S.2d 1014, 1979 N.Y. App. Div. LEXIS 10266

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

DecidedJanuary 15, 1979

StatusPublished

This text of 67 A.D.2d 678 (Gottfried v. Alsultany) 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

Gottfried v. Alsultany, 67 A.D.2d 678, 411 N.Y.S.2d 1014, 1979 N.Y. App. Div. LEXIS 10266 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant American Motors Sales Corporation from an order of the Supreme Court, Kings County, dated October 21, 1977, which, upon reargument, granted plaintiffs leave to replead six causes of action. Order reversed, on the law, with $50 costs and disbursements, and motion for leave [679]*679to "reargue” and replead denied. Plaintiffs’ motion to reargue, which was based upon additional information, was in reality a motion to renew (see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 2221:7, p 157). However, plaintiffs may not replead since they have not shown good ground to support their causes of action (see CPLR 3211, subd [e]). Hopkins, J. P., Titone, O’Connor and Cohalan, JJ., concur.

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— Appeal by defendant American Motors Sales Corporation from an order of the Supreme Court, Kings County, dated October 21, 1977, which, upon reargument, granted plaintiffs leave to replead six causes of action. Order reversed, on the law, with $50 costs and disbursements, and motion for leave [679]*679to "reargue” and replead denied. Plaintiffs’ motion to reargue, which was based upon additional information, was in reality a motion to renew (see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 2221:7, p 157). However, plaintiffs may not replead since they have not shown good ground to support their causes of action (see CPLR 3211, subd [e]). Hopkins, J. P., Titone, O’Connor and Cohalan, JJ., concur.

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Bluebook (online)

67 A.D.2d 678, 411 N.Y.S.2d 1014, 1979 N.Y. App. Div. LEXIS 10266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottfried-v-alsultany-nyappdiv-1979.