Rivera v. Board of Education
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
While defendant’s prior motion sought to dismiss either on the pleadings or on summary judgment and was denied as premature in light of the need for further discovery (with leave to renew within 120 days after a certain deposition was taken), the instant motion seeks to dismiss solely for failure to state a cause of action. Defendant therefore was not bound to bring the motion within the time imposed by the court for renewal of the summary judgment motion (see CPLR 3211 [e]; Herman v Greenberg, 221 AD2d 251 [1995]). Nor does the motion violate the single motion rule (see CPLR 3211 [e]), since…
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- Miller v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1999
- Herman v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1995
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