O'Connor v. West

*1051Special Term properly denied plaintiff’s cross motion. Since the sufficiency of the amended complaint was not an issue decided in the prior motion, there was no need to transfer the case to the Justice who had heard that motion under CPLR 2221.

Special Term erred, however, in ruling that the slander cause of action as alleged in the amended complaint was time barred. Since the allegations in the amended complaint refer to the same parties and the same incident as alleged in the original complaint, the original complaint gave ample notice to defendant Dr. West "of the transactions, occurrences,…