Legal Opinion
Landes v. Provident Realty Partners II, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2016No. 651 155096/14PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Anil C. Singh, J.), entered December 4, 2015, which, to the extent appealed from as limited by the briefs, denied defendants PRP II Corp., BRG Gramercy Units LLC, and Daniel Benedict’s motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, with costs.
Given that defendants had the full opportunity to raise their current CPLR 3211 (a) arguments on their original CPLR 3211 (a) motion to dismiss, the IAS court correctly denied the motion as violative of the “single motion rule” of CPLR 3211 (e) (Barbarito v Zahavi, 107 AD3d 416, 420…
2Cases cited3 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Bailey v. Fish & NeaveNew York Court of Appeals · 2007
- Barbarito v. ZahaviAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by4 opinions
- Simon v. FrancInvest, S.A.Appellate Division of the Supreme Court of the State of New York · 2021
- Simon v. FrancInvest, S.A.Appellate Division of the Supreme Court of the State of New York · 2021
- TRB Acquisitions LLC v. YedidAppellate Division of the Supreme Court of the State of New York · 2024
- TRB Acquisitions LLC v. YedidAppellate Division of the Supreme Court of the State of New York · 2024