Island Surgical Supply Co. v. Allstate Insurance Company
| Decision Date | 12 September 2006 |
| Docket Number | 2005-04833.,2005-04834. |
| Parties | ISLAND SURGICAL SUPPLY CO., Appellant, v. ALLSTATE INSURANCE COMPANY et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the orders are affirmed, with one bill of costs.
The complaint was properly dismissed pursuant to CPLR 3211 (a) (7) and 3013 because the allegations were vague, conclusory, and indefinite as to the alleged breach of numerous contracts by the defendant insurance carriers (see Hart v Scott, 8 AD3d 532 [2004]; Stoianoff v Gahona, 248 AD2d 525 [1998], appeal dismissed 92 NY2d 844 [1998], cert denied 525 US 953 [1998]; see also Maldonado v Olympia Mech. Piping & Heating Corp., 8 AD3d 348, 350 [2004]; Steinblatt v Imagine Media, 304 AD2d 648 [2003]; Atkinson v Mobil Oil Corp., 205 AD2d 719, 720 [1994]; cf. Leon v Martinez, 84 NY2d 83, 87-88 [1994]). Moreover "leave to plead again shall not be granted unless the court is satisfied that [a party opposing a motion to dismiss] has good ground to support [a] cause of action" (CPLR 3211 [former (e)]; cf. L 2005, ch 616, §§ 1-2, eff Jan. 1, 2006, and removing the requirement that the party seeking leave to replead demonstrate "good ground," but applicable only to "actions and proceedings commenced on or after such effective date"). To establish a "good ground" sufficient to support a request for leave to replead, a plaintiff must proffer evidence, in the form of affidavits of those with direct...
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