Legal Opinion
Clarke v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2000No. Appeal No. 1PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously .reversed on the law without costs and complaint reinstated. Memorandum: Although the complaint was subject to dismissal based on plaintiff’s failure to comply with CPLR 304, defendant failed to object to the defective filing either in his initial answer or in his cross motion to dismiss. Thus, Supreme Court erred in sua sponte dismissing the complaint on that ground {see, Matter of Fry v Village of Tarrytown, 89 NY2d 714, 723; Venditti v Town ofAlden, 239 AD2d 910). The court also erred in determining that the complaint was subject to dismissal based on plaintiff’s…
2Cases cited3 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Venditti v. Town of AldenAppellate Division of the Supreme Court of the State of New York · 1997
- Nardi v. HirshAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- HSBC Bank Usa v. BondAppellate Division of the Supreme Court of the State of New York · 2008
- Harvey v. Handelman, Witkowicz & Levitsky, LLPAppellate Division of the Supreme Court of the State of New York · 2015
- In re GrassoAppellate Division of the Supreme Court of the State of New York · 2005
- State Division of Human Rights v. HSBC Bank U.S.A.New York Supreme Court · 2005
- HARVEY, SCOTT M. v. HANDELMAN, WITKOWICZ AND LEVITSKYAppellate Division of the Supreme Court of the State of New York · 2015
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