Gawrych v. Astoria Federal Savings & Loan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Queens County (D. Hart, J.), entered April 20, 2015, which denied its motion pursuant to CPLR 3211 (a) to dismiss the complaint and for an award of attorneys’ fees and costs pursuant to 22 NYCRR 130-1.1, and, sua sponte, inter alia, deemed the motion to be the defendant’s answer pursuant to CPLR 103.
Ordered that the appeal from so much of the order as, sua sponte, inter alia, deemed the motion to be the defendant’s answer pursuant to CPLR 103 is dismissed, as no…
2Cases cited35 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
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