Legal Opinion

Bello v. Cablevision System Corp.

Appellate Division of the Supreme Court of the State of New York

Decided August 14, 1995Published

1Opinion of the Court

—In an action to recover damages for misrepresentation, deceptive business practices, and false advertising, the plaintiffs appeal, as limited by their briefs, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated January 3, 1994, as granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the instant complaint because the plaintiffs failed to seek leave to replead at the time the defendant moved to dismiss the original complaint (see, CPLR 3211 [e];…

2Cases cited5 opinions

  1. Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 1990
  2. Licensing Development Group, Inc. v. FreedmanAppellate Division of the Supreme Court of the State of New York · 1992
  3. Lotito v. LundAppellate Division of the Supreme Court of the State of New York · 1987
  4. Marcucilli v. Alicon Corp.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Fleet Factors Corp. v. WerblinAppellate Division of the Supreme Court of the State of New York · 1988

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