SLABAKIS v. SCHIK

4546, 651986/15.

154 A.D.3d 407 (2017)

60 N.Y.S.3d 813

2017 NY Slip Op 06884

ANGELO SLABAKIS, Respondent, v. WALTER SCHIK et al., Appellants, et al., Defendants.

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

Decided October 3, 2017.


The court providently exercised its discretion by granting plaintiff leave to replead because one cannot determine, as a matter of law, that he will be unable to allege the requisite elements of the various causes of action (see e.g. Davis v Scottish Re Group Ltd., 138 A.D.3d 230, 236, 238 [1st Dept 2016]).

Plaintiff has since repled his complaint; thus, "the sufficiency of the allegations in the earlier complaint is rendered...

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