Opinion
1985
October 24, 2002.
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 10, 2001, which granted defendants' motion to dismiss the amended complaint pursuant to CPLR 3211, but granted plaintiff leave to commence a new action, unanimously affirmed, without costs.
THOMAS J. McKENNA, for plaintiff-respondent.
GARY I. LERNER, for defendants-appellants.
Before: Williams, P.J., Buckley, Sullivan, Lerner, JJ.
The motion court properly exercised its discretion in granting plaintiff leave to commence a new action. Plaintiff, in accordance with the procedural requirements of CPLR 3211(e), requested leave to replead in the event that defendants' motion to dismiss was granted, and although plaintiff did not submit additional evidence in support of her request to replead, such evidence was not essential to the relief sought (see Rovello v. Orofino Realty Co., 40 N.Y.2d 633, 635).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.