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CATANIA v. LIRIANO

21709/19. Appeal No. 15446-15446A. Case Nos. 2020-04758, 2021-02891.

203 A.D.3d 422 (2022)

164 N.Y.S.3d 581

2022 NY Slip Op 01382

Patricia Catania, Appellant-Respondent, v. Mercedes Liriano et al., Defendants, and William Woodruff et al., Respondents-Appellants.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Law Office of Anthony V. Gentile, Brooklyn ( Anthony V. Gentile of counsel), for appellant-respondent.

Law Office of Robert T. Reilly, NYSUT, New York ( Meaghean Murphy of counsel), for respondents-appellants.

Concur—Renwick, J.P., Gesmer, Moulton, Rodriguez, Pitt, JJ.

To the extent the court rejected plaintiff's cross motion for a judgment declaring Section 13 unconstitutional on the procedural basis that plaintiff sought to assert this claim in a cross motion rather than by seeking leave to amend the complaint, the court was not required to correct the procedural defect, even if it could have exercised its discretion to convert the cross motion into a motion for leave to amend, and the procedural...

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