Cunningham v. Hagedorn

Silverman, J.,

dissents in part in a memorandum as to Appeal No. 6311N, as follows: I agree with the majority except that I would not at this time grant leave to plaintiff to serve a further amended complaint with respect to the fourth and fifth causes of action in the third amended complaint; instead I would make our determination without prejudice to an application

*705for such leave to be made at Special Term on compliance with the requirements of CPLR 3211 (subd [e]), and upon submission of a satisfactory proposed fourth amended complaint. CPLR 3211 (subd [e]) provides, with respect to leave to…