Opinion
March 16, 1999
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Leave to replead was properly granted upon an affidavit by a person with knowledge of facts supporting a proposed amended complaint that cured the pleading deficiencies of the original complaint (CPLR 3211 [e]). Such relief is not necessarily precluded by plaintiffs' failure to have requested it in their opposition to defendants' prior motion to dismiss, as required by CPLR 3211 (e); such noncompliance may be excused as a matter of discretion ( see, Sanders v. Schiffer, 39 N.Y.2d 727; Rapid Rehabilitation Corp. v. City of New York, 63 A.D.2d 901; cf., Bardere v. Zafir, 63 N.Y.2d 850).
Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.