Legal Opinion
Held v. Kaufman
New York Court of Appeals
Decided April 7, 1998PublishedCited by 107 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
This appeal from the preanswer dismissal of plaintiff's complaint presents two questions: first, whether raising additional grounds for dismissal in a reply affidavit violates the “single motion” rule (CPLR 3211 [e]) and second, whether on the merits dismissal was proper. We agree with the Appellate Division that the additional grounds tendered could be considered, but conclude that dismissal of the complaint was not warranted here.
As alleged in his complaint, all of plaintiff Herman Held’s causes of action stem from an agreement, made in 1982, with the late…
2Cases cited7 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
- Urtz v. New York Central & Hudson River RailroadNew York Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
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- Clifford R. Gray, Inc. v. LeChase Construction Services, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
102 more not listed; retrieve them via the Exa API.