Tirado v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
We address on this appeal the question of whether a court may decide a motion upon grounds other than those argued by the parties in their submissions. We hold that a court may do so where, as here, the motion regards a nondispositive discovery issue decided upon procedural grounds, where the court takes judicial notice of a note of issue and its filing date, and where the court’s grant or denial of relief is confined to the specific family of relief sought in the motion.
The timeline of the parties’ litigation is straightforward. On July 2, 2004 the plaintiff…
2Cases cited58 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
- Dental Society v. CareyNew York Court of Appeals · 1984
- Arons v. JutkowitzNew York Court of Appeals · 2007
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