Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06282
Eguzouwa v Curb Mobility, LLC
Read the official decision: 2026 NY Slip Op 06282
Holding The Appellate Division affirmed the lower court’s denial of the defendants’ motion to dismiss because the defendants violated the single motion rule of CPLR 3211(e). The defendants were barred from filing a subsequent motion to dismiss the amended complaint using the same arguments as their prior motion.
The court’s words
The rule bars both repetitive motions to dismiss a pleading pursuant [to] CPLR 3211(a), as well as subsequent motions to dismiss [the] pleading pursuant to CPLR 3211(a) that are based on alternative grounds
2026 NY Slip Op 06282, at the official text
Here, the defendants violated the single motion rule of CPLR 3211(e) when they moved pursuant to CPLR 3211(a) to dismiss the complaint, and then made a subsequent motion pursuant to CPLR 3211(a)(7) to dismiss the amended complaint with the same arguments
2026 NY Slip Op 06282, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06282 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06282 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1561 |
Recommended citation
ESQ HQ, New York Law Watch, Eguzouwa v Curb Mobility, LLC, 2026 NY Slip Op 06282 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06282/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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