1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 259 A.D.2d
  5. 259 A.D.2d 341 (1999)
 

ELLIMAN v. ELLIMAN

259 A.D.2d 341 (1999)

687 N.Y.S.2d 31

CHRISTOPHER J. ELLIMAN, Individually and as Trustees for the Underhill Charitable Trust, et al., Respondents, v. DAVID D. ELLIMAN, Individually and as Trustee for the Underhill Charitable Trust, et al., Defendants, and ROBERT MODEL et al., Appellants.

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

Decided March 16, 1999.

Leave to replead was properly granted upon an affidavit by a person with knowledge of facts supporting a proposed amended complaint that cured the pleading deficiencies of the original complaint (CPLR 3211 [e]). Such relief is not necessarily precluded by plaintiffs' failure to have requested it in their opposition to defendants' prior motion to dismiss, as required by CPLR 3211 (e); such noncompliance may be excused as a matter of discretion (see, Sanders v Schiffer,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases