February 8, 2014 – Pospis Law, PLLC

February 8, 2014 by mjpospis

Failure to Attach Complaint Results in Denial of Motion to Dismiss Employment Discrimination Complaint

A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading – such as under CPLR 3211(a)(7) – be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race and…

Motion Practice “Tips” From Brooklyn Judge

In Oborski v. Marjam Supply Co., Inc., Supreme Court, Kings County Judge Francois Rivera offered what can fairly be characterized as motion practice “tips” (which are, really, a reminder to follow the court’s rules when engaging in motion practice): As a preliminary matter the court will discuss the motion papers and the deficiencies contained therein.…