Gair Co. v. Cambridge Carpet Ltd.

? Supreme Court, New York County (Ethel Danzig, J.), entered February 8, 1989, which denied plaintiff’s motion to amend the complaint without prejudice to renewal on the basis of an affidavit of a person with knowledge of the facts, denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 or, alternatively, for summary judgment pursuant to CPLR 3212, granted the third-party defendants’ CPLR 3211 motion for dismissal of paragraph 12 of the third-party complaint and, sua sponte, transferred the action to the Civil Court pursuant to CPLR 325 (d), unanimously modified, on the law,…