Sanders v. Schiffer

Appellate Division of the Supreme Court of New York

Sanders v. Schiffer

60 A.D.2d 736, 401 N.Y.S.2d 304, 1977 N.Y. App. Div. LEXIS 14776

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

DecidedDecember 29, 1977

StatusPublished

This text of 60 A.D.2d 736 (Sanders v. Schiffer) 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

Sanders v. Schiffer, 60 A.D.2d 736, 401 N.Y.S.2d 304, 1977 N.Y. App. Div. LEXIS 14776 (N.Y. Ct. App. 1977).

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Opinion

Appeal from an order of the Supreme Court at Special Term, entered August 18, 1976 in Albany County, which granted plaintiffs’ motion for leave to serve an amended complaint. This matter was before the court on a prior appeal and the relevant facts are set forth in our decision thereon (46 AD2d 536). On further appeal to the Court of Appeals, our order dismissing the complaint and canceling a notice of pendency was modified to the extent that plaintiffs were granted the right to apply to Special Term for leave to serve an amended complaint upon a showing of the necessary evidentiary facts to sustain a cause of action (39 NY2d 727). Such an application was made and Special Term has granted leave to serve what plaintiffs have designated a "modified amended complaint.” Upon examination of that pleading and the supporting papers, we agree with the conclusions of Special Term and its order should he affirmed. Order affirmed, without costs. Sweeney, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered August 18, 1976 in Albany County, which granted plaintiffs’ motion for leave to serve an amended complaint. This matter was before the court on a prior appeal and the relevant facts are set forth in our decision thereon (46 AD2d 536). On further appeal to the Court of Appeals, our order dismissing the complaint and canceling a notice of pendency was modified to the extent that plaintiffs were granted the right to apply to Special Term for leave to serve an amended complaint upon a showing of the necessary evidentiary facts to sustain a cause of action (39 NY2d 727). Such an application was made and Special Term has granted leave to serve what plaintiffs have designated a "modified amended complaint.” Upon examination of that pleading and the supporting papers, we agree with the conclusions of Special Term and its order should he affirmed. Order affirmed, without costs. Sweeney, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.

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Bluebook (online)

60 A.D.2d 736, 401 N.Y.S.2d 304, 1977 N.Y. App. Div. LEXIS 14776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-schiffer-nyappdiv-1977.

Opinion

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