Legal Opinion
Stephanie R. Cooper, P.C. v. Robert
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 2010PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about February 19, 2010, which, to the extent appealed from as limited by the briefs, granted plaintiff leave to amend its complaint and partial summary judgment on the issue of liability on both its breach of contract and account stated claims, unanimously affirmed, with costs.
Ordinarily, a summary judgment motion brought prior to ser*573vice of an answer should be dismissed as premature (see Republic Natl. Bank of N.Y. v Luis Winston, Inc., 107 AD2d 581, 582 [1985]). Similarly, an amended complaint should ordinarily be…
2Cases cited9 opinions
- Republic National Bank v. Luis Winston, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Davis & Davis, P. C. v. MorsonAppellate Division of the Supreme Court of the State of New York · 2001
- Armstrong v. Peat, Marwick, Mitchell & Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Zanani v. SchvimmerAppellate Division of the Supreme Court of the State of New York · 2008
- American Express Centurion Bank v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by4 opinions
- Cortes v. Jing Jeng HangAppellate Division of the Supreme Court of the State of New York · 2016
- Triolo v. GreenwoodAppellate Division of the Supreme Court of the State of New York · 2023
- Bahar v. SanieoffAppellate Division of the Supreme Court of the State of New York · 2022
- R&G Brenner Income Tax Consultants v. GilmartinAppellate Division of the Supreme Court of the State of New York · 2018