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SABHARWAL v. EMINAX, LLC

305 A.D.2d 336 (2003)

761 N.Y.S.2d 616

PUSHPA SABHARWAL, Appellant, v. EMINAX, LLC et al., Respondents.

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

Decided May 29, 2003.

Plaintiff's contention that defendants Eminax and Emiko Kothari were not parties to the defense motion to dismiss the complaint and thus defaulted in meeting their obligation to file a responsive pleading was properly rejected by the motion court since it is clear, despite an evident typographical error in defendants' notice of motion, that the motion to dismiss was brought on behalf of all three defendants (see Snediker v Rockefeller...

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