Legal Opinion
Dossous v. Corporate Owners Bayridge Nissan, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012PublishedCited by 2 opinions
1Opinion of the Court
*938The Supreme Court improvidently exercised its discretion when it, sua sponte, directed the dismissal of the complaint. “A court’s power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal” (U.S. Bank, N.A. v Emmanuel, 83 AD3d 1047, 1048 [2011]; see Atkins-Payne v Branch, 95 AD3d 912 [2012]; Bank of Am., N.A. v Bah, 95 AD3d 1150, 1151 [2012]). Here, there were no extraordinary circumstances warranting the sua sponte dismissal of the complaint. There was no motion or cross motion by the defendant pending before the…
2Cases cited7 opinions
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- U.S. Bank, National Ass'n v. EmmanuelAppellate Division of the Supreme Court of the State of New York · 2011
- Bank of America v. BahAppellate Division of the Supreme Court of the State of New York · 2012
- Chun v. North American Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Sun v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- Henning v. 17 Murray Rest Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Moreau v. CaytonAppellate Division of the Supreme Court of the State of New York · 2022