Lorenzo v. Dynamic Enterprises, Inc.

Appellate Division of the Supreme Court of New York

Lorenzo v. Dynamic Enterprises, Inc.

64 A.D.2d 1010, 409 N.Y.S.2d 290, 1978 N.Y. App. Div. LEXIS 13016

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

DecidedSeptember 22, 1978

StatusPublished

This text of 64 A.D.2d 1010 (Lorenzo v. Dynamic Enterprises, 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

Lorenzo v. Dynamic Enterprises, Inc., 64 A.D.2d 1010, 409 N.Y.S.2d 290, 1978 N.Y. App. Div. LEXIS 13016 (N.Y. Ct. App. 1978).

Pincite

Opinion

—Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Plaintiffs commenced an action against appellants and other defendants by service of a summons and then moved for disclosure to aid in framing a complaint pursuant to CPLR 3102 (subd [c]). Appellants cross-moved to dismiss the action. The moving papers allege that plaintiffs were members of a group of persons selling certain real property, that appellants were the purchasers of the said real property and, in conclusory fashion, that appellants interfered with plaintiffs’ rights. The record demonstrates no other basis for litigation and Special Term improperly granted disclosure. The order is modified and the motion granting disclosure denied with leave to plaintiffs to serve a complaint within 10 days of service of the order herein if so advised, and in the event of their failure to do so, appellants’ cross motion to dismiss is granted. (Appeal from order of Erie Supreme Court— EBT, dismiss action.) Present—Marsh, P. J., Simons, Hancock, Jr., Schnepp and Witmer, JJ.

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—Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Plaintiffs commenced an action against appellants and other defendants by service of a summons and then moved for disclosure to aid in framing a complaint pursuant to CPLR 3102 (subd [c]). Appellants cross-moved to dismiss the action. The moving papers allege that plaintiffs were members of a group of persons selling certain real property, that appellants were the purchasers of the said real property and, in conclusory fashion, that appellants interfered with plaintiffs’ rights. The record demonstrates no other basis for litigation and Special Term improperly granted disclosure. The order is modified and the motion granting disclosure denied with leave to plaintiffs to serve a complaint within 10 days of service of the order herein if so advised, and in the event of their failure to do so, appellants’ cross motion to dismiss is granted. (Appeal from order of Erie Supreme Court— EBT, dismiss action.) Present—Marsh, P. J., Simons, Hancock, Jr., Schnepp and Witmer, JJ.

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Bluebook (online)

64 A.D.2d 1010, 409 N.Y.S.2d 290, 1978 N.Y. App. Div. LEXIS 13016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorenzo-v-dynamic-enterprises-inc-nyappdiv-1978.