Dinerman v. Sutton

Defendant moves under CPLB 3211 to dismiss plaintiff’s cause of action for legal insufficiency and on the grounds that it may not be maintained because of res judicata and the Statute of Limitations.

Plaintiff raises objections to the manner in which the motion was made. These objections are now academic since the court granted plaintiff time to submit additional papers on the merits.

Defendant, in the first two branches of his motion, contends that the instant complaint adds nothing to the three complaints in a prior action between the parties, all of which were dismissed by this court for…