Legal Opinion
Rochester Poster Advertising Co. v. Town of Penfield
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1976PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order of the Monroe County Supreme Court which permitted plaintiff to amend the complaint after the original pleading was dismissed pursuant to CPLR 3211 (subd [a]). Although at the time of defendant’s motion under CPLR 3211 (subd [a]), plaintiff did not request leave to replead as mandated by CPLR 3211 (subd [e]) that failure does not require reversal of the order (CPLR 3025, subd [b]; VanMinos v Merkley, 48 AD2d 281). Furthermore, while the court dismissed plaintiff’s original complaint "on the merits,” that…
2Cases cited2 opinions
- VanMinos v. MerkleyAppellate Division of the Supreme Court of the State of New York · 1975
- Rochester Poster Advertising Co. v. Town of PenfieldAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by8 opinions
- Karlsons v. GuerinotAppellate Division of the Supreme Court of the State of New York · 1977
- Antel Oldsmobile-Cadillac, Inc. v. Sirus Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Cullen v. New York State Civil Service CommissionDistrict Court, E.D. New York · 1977
- Piffath v. EspositoAppellate Division of the Supreme Court of the State of New York · 1977
- Bank of New York v. HylandAppellate Division of the Supreme Court of the State of New York · 1987
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