Legal Opinion
Kinberg v. Schwartzapfel, Novick, Truhowsky, Marcus, PC
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 2016No. 117 304804/10PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered November 17, 2014, which granted defendant’s motion to dismiss the complaint based on collateral estoppel and denied plaintiff’s cross motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Defendant’s motion, properly treated as a motion for summary judgment (CPLR 3212 [b]), is not precluded by the “single motion” rule (CPLR 3211 [e]). Although defendant previously moved to dismiss on other grounds, a “preanswer motion to dismiss based on one of the grounds set forth in CPLR 3211 (a) does…
2Cases cited9 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- AmBase Corp. v. Davis Polk & WardwellNew York Court of Appeals · 2007
- Brooks v. LewinAppellate Division of the Supreme Court of the State of New York · 2005
- Strange v. Montefiore Hospital & Medical CenterNew York Court of Appeals · 1983
- Kanat v. OchsnerAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by1 opinion
- Matter of Salton v. MazurAppellate Division of the Supreme Court of the State of New York · 2023