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MILLER v. J. A. KEEFFE

198 A.D.2d 335 (1993)

604 N.Y.S.2d 571

Craig A. Miller et al., Appellants-Respondents, v. J. A. Keeffe, P. C., Respondent-Appellant. (Action No. 1.) Robert J. Elser & Company, Inc., et al., Appellants-Respondents, v. J. A. Keeffe et al., Respondents-Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 15, 1993

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the causes of action sounding in fraud, tortious interference with contract, and prima facie tort, as exceeding the scope of its prior orders granting the plaintiffs leave to replead, or as barred by laches, because the action was based upon transactions which occurred in 1987, and has been the subject of extensive motion practice. Furthermore, inasmuch as the...

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