LoPinto v. Roldos

Decision Date09 January 1997
Citation235 A.D.2d 233,652 N.Y.S.2d 508
PartiesDiane LoPINTO, et al., Plaintiffs-Respondents, v. Sandy ROLDOS, et al., Defendants-Appellants, and Allegrea Naranjo, et al., Defendants.
CourtNew York Supreme Court — Appellate Division

Edward Joseph Filemyr, IV, for Plaintiffs-Respondents.

Marc J. Luxemburg, for Defendants-Appellants.

Order, Supreme Court, New York County (Joan Lobis, J.), entered October 11, 1995, which, inter alia, granted plaintiffs' motion to dismiss defendants' second, third, fourth, fifth and seventh affirmative defenses and denied defendants leave to replead, unanimously modified, on the law, to reinstate such affirmative defenses, and otherwise affirmed, without costs.

We disagree with the IAS court that particulars sufficient to give notice of what defendants intend to prove under their defenses cannot be gleaned from the papers on the instant motion (cf., Immediate v. St. John's Queens Hosp., 48 N.Y.2d 671, 421 N.Y.S.2d 875, 397 N.E.2d 385). If needed, further elucidation of the defenses should be sought through a demand for a bill of particulars.

SULLIVAN, J.P., and WALLACH, RUBIN, WILLIAMS and TOM, JJ., concur.

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