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CUGLIETTO v. FERONE

269 A.D.2d 556 (2000)

703 N.Y.S.2d 752

ANGELA CUGLIETTO et al., Appellants, v. GARY M. FERONE et al., Respondents.

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

Decided February 28, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion for leave to replead pursuant to CPLR 3211 (e). The plaintiffs' motion was not made in connection with a motion by the defendants to dismiss the complaint, as the complaint had already been dismissed. Moreover, the plaintiffs did not submit the requisite proof for a CPLR 3211 (e) motion (see, 527 Smith St. Brooklyn Corp. v Bayside Fuel Oil Depot Corp., ...

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