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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
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06282
Area of lawCivil Procedure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06282
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1561

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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Published October 28, 2026. Updated October 28, 2026.