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BING v. GUTMAN, MINTZ, BAKER SONNENFELDT, P.C.

Appellate Term of the Supreme Court of New York, Second Department
Dec 15, 2005
2005 N.Y. Slip Op. 52125 (N.Y. App. Term 2005)

Opinion

2005-373 K C.

Decided December 15, 2005.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ann E. O'Shea, J.), dated January 11, 2005. The order, insofar as appealed from, as limited by defendant's brief, upon deeming defendant's motion for reargument to be a motion to vacate the denial of defendant's prior motion to dismiss and granting such vacatur, denied the motion to dismiss.

Order, insofar as appealed from, unanimously affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and BELEN, JJ.


Contrary to defendant's contentions, the court below did not err in denying defendant's motion to dismiss for failure to state a cause of action. The endorsed complaint in the instant action apprised defendant of the date and nature of the claim in sufficient detail to enable it to serve an answer, in which it denied liability and asserted several affirmative defenses and a counterclaim, and to serve a demand for a bill of particulars. More detailed facts regarding plaintiff's claim may be obtained by defendant through the process of discovery ( see Holloway v. New York City Tr. Auth., 182 Misc 2d 749).


Summaries of

BING v. GUTMAN, MINTZ, BAKER SONNENFELDT, P.C.

Appellate Term of the Supreme Court of New York, Second Department
Dec 15, 2005
2005 N.Y. Slip Op. 52125 (N.Y. App. Term 2005)
Case details for

BING v. GUTMAN, MINTZ, BAKER SONNENFELDT, P.C.

Case Details

Full title:LANCE BING, Respondent, v. GUTMAN, MINTZ, BAKER SONNENFELDT, P.C.…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 15, 2005

Citations

2005 N.Y. Slip Op. 52125 (N.Y. App. Term 2005)
814 N.Y.S.2d 559