Legal Opinion
767 Third Avenue LLC v. Greble & Finger, LLP
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2004PublishedCited by 21 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered October 3, 2003, which granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion for a default judgment, unanimously affirmed, with costs.
The single motion rule (CPLR 3211 [e]) has no application where defendants promptly refiled their dismissal motion after initial denial on procedural grounds for failure to attach a copy of the amended complaint. There was no prejudice to plaintiff, and the matter was ripe for disposition (see generally Ultramar Energy v Chase Manhattan Bank, 191 AD2d 86…
2Cases cited5 opinions
- Held v. KaufmanNew York Court of Appeals · 1998
- Caniglia v. Chicago Tribune-New York News Syndicate Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Ultramar Energy Ltd. v. Chase Manhattan Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1993
- Goldstein v. CIBC World Markets Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Berzin v. W.P. Carey & Co.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by21 opinions
- Transit Funding Associates, LLC v. Capital One Equipment Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Makuch v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Jericho Group, Ltd. v. Midtown Development, L.P.Appellate Division of the Supreme Court of the State of New York · 2006
- Veritas Capital Management, L.L.C. v. CampbellAppellate Division of the Supreme Court of the State of New York · 2011
- Arnon Ltd (IOM) v. BeierwaltesAppellate Division of the Supreme Court of the State of New York · 2015
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