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Elliman v. Elliman

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1999
259 A.D.2d 341 (N.Y. App. Div. 1999)

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.


Summaries of

Elliman v. Elliman

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1999
259 A.D.2d 341 (N.Y. App. Div. 1999)
Case details for

Elliman v. Elliman

Case Details

Full title:CHRISTOPHER J. ELLIMAN, Individually and as Trustees for the Underhill…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 16, 1999

Citations

259 A.D.2d 341 (N.Y. App. Div. 1999)
687 N.Y.S.2d 31

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