Fletcher v. Greiner

In an action to recover damages for breach of contract and fraud, the defendant appeals from an order of the Supreme Court, Nassau County, dated May 24, 1979 which denied his motion to dismiss the complaint. Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed. Defendant’s failure to assert the proper subsection of the statute in his dismissal motion should have been disregarded (see CPLR 2001), in view of the lack of prejudice to plaintiff who was well acquainted with the basis of his motion through defendant’s memorandum of law and responded to…