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Daily Archives: Wednesday, September 22, 2021

Posted: September 22, 2021

Motion Court Erred in Considering Dismissal Motion Raised for First Time on Reply

On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C Merrick Realty Co., LLC, 2021 N.Y. Slip Op. 04701, holding that the motion court erred in granting the defendant’s motion to dismiss under C.P.L.R. 3211 when the defendant initially moved for summary judgment under C.P.L.R. 3212 and stated–for the first... Read more »