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STEPHANIE R. COOPER, P.C. v. ROBERT

3692, 109587/09.

78 A.D.3d 572 (2010)

911 N.Y.S.2d 63

STEPHANIE R. COOPER, P.C., Respondent, v. EILEEN ROBERT, Appellant.

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

Decided November 23, 2010.

Ordinarily, a summary judgment motion brought prior to service of an answer should be dismissed as premature (see Republic Natl. Bank of N.Y. v Luis Winston, Inc., 107 A.D.2d 581, 582 [1985]). Similarly, an amended complaint should ordinarily be followed by an answer (see CPLR 3025 [d]). Nonetheless, the CPLR expressly confers upon nisi prius courts the power to dispense with...

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