Home/Appellate Division of the Supreme Court of New York/Slabakis v. Schik

Slabakis v. Schik

2017 NY Slip Op 6884, 154 A.D.3d 407, 60 N.Y.S.3d 813
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 3, 2017
Docket4546 651986/15
StatusPublished

This text of 2017 NY Slip Op 6884 (Slabakis v. Schik) 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
Slabakis v. Schik, 2017 NY Slip Op 6884, 154 A.D.3d 407, 60 N.Y.S.3d 813 (N.Y. Ct. App. 2017).

Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 19, 2016, which granted defendants-appellants’ motion to dismiss without prejudice and with leave to replead, unanimously affirmed, with costs.

The court providently exercised its discretion by granting plaintiff leave to replead because one cannot determine, as a matter of law, that he will be unable to allege the requisite elements of the various causes of action (see e.g. Davis v Scottish Re Group Ltd., 138 AD3d 230, 236, 238 [1st Dept 2016]).

Plaintiff has since repled his complaint; thus, “the sufficiency of the allegations in the earlier complaint is rendered academic” (Peters v Peters, 118 AD3d 593, 594 [1st Dept 2014]).

Concur — Sweeny, J.P., Moskowitz, Kahn and Gesmer, JJ.

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Related

Davis v. Scottish Re Group Ltd.
138 A.D.3d 230 (Appellate Division of the Supreme Court of New York, 2016)
Peters v. Peters
118 A.D.3d 593 (Appellate Division of the Supreme Court of New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
2017 NY Slip Op 6884, 154 A.D.3d 407, 60 N.Y.S.3d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slabakis-v-schik-nyappdiv-2017.