[Download] "Cushman & Wakefield v. John David" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Cushman & Wakefield v. John David
- Author : Supreme Court of New York
- Release Date : January 08, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from an order denying plaintiff's motion for leave to serve an amended complaint. This court in Cushman & Wakefield v. John David, Inc. (23 A.D.2d 827) granted a motion to dismiss the second and third causes of action of the original complaint because of insufficiency; but with the leave to plaintiff to apply at Special Term, pursuant to CPLR 3211 (subd. [e]), to serve an amended complaint. The question before us is whether the plaintiff, upon its application for leave to serve an amended complaint, has complied with CPLR 3211 (subd. [e]) by submitting not only a proposed pleading supplying the deficiencies noted upon a dismissal of the original complaint but also evidence, by affidavit ""that could properly be considered on a motion for summary judgment"" to satisfy the court that it ""has good ground to support"" the causes of action.