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HELD v. KAUFMAN

91 N.Y.2d 425 (1998)

694 N.E.2d 430

671 N.Y.S.2d 429

Herman Held, Appellant, v. Ivan Kaufman et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1998.

Attorney(s) appearing for the Case

Aronow & Aronow, P. C. New York City (Andoni Economou and David E. Aronow of counsel), and Opton Handler Gottlieb Feiler & Katz, L. L. P., for appellant.

Meltzer, Lippe, Goldstein, Wolf & Schlissel, P. C., Mineola (Stephen W. Schlissel, Richard A. Lippe and Jeffrey A. Miller of counsel), for Ivan Kaufman and another, respondents.

Zeichner Ellman & Krause, New York City (David B. Chenkin of counsel), for Arbor National Holdings, Inc. and another, respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

This appeal from the preanswer dismissal of plaintiff's complaint presents two questions: first, whether raising additional grounds for dismissal in a reply affidavit violates the "single motion" rule (CPLR 3211 [e]) and second, whether on the merits dismissal was proper. We agree with the Appellate Division that the additional grounds tendered could be considered...

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