Lopez-Martinez v Leroux

Holding The Appellate Division reversed the lower court’s denial of the plaintiff’s motion to lift a stay, finding that the prior dismissal order only applied to the decedent’s claim. The court held that the defendants failed to establish that the action was dismissed in its entirety, requiring a remittal for a determination on the merits of the surviving plaintiff’s motion.

The court’s words

The statute does not authorize dismissal as to any other party

2026 NY Slip Op 05176, at the official text

the defendants failed to submit the underlying motion papers or to otherwise establish that the court had erroneously granted such relief

2026 NY Slip Op 05176, at the official text

the Supreme Court should not have denied Ferrer's motion on the ground that the action had been dismissed in its entirety

2026 NY Slip Op 05176, at the official text