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767 THIRD AVENUE LLC v. GREBLE & FINGER, LLP

8 A.D.3d 75 (2004)

778 N.Y.S.2d 157

767 THIRD AVENUE LLC, Appellant, v. GREBLE & FINGER, LLP, et al., Respondents.

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

June 10, 2004.

The single motion rule (CPLR 3211 [e]) has no application where defendants promptly refiled their dismissal motion after initial denial on procedural grounds for failure to attach a copy of the amended complaint. There was no prejudice to plaintiff, and the matter was ripe for disposition (see generally Ultramar Energy v Chase Manhattan Bank, 191 A.D.2d 86 [1993]). Neither the letter nor the spirit of the single motion rule was violated...

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