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JANSSEN v. INCORPORATED VIL. OF ROCKVILLE CENTRE

59 A.D.3d 15 (2008)

869 N.Y.S.2d 572

HARRY JANSSEN, Respondent, v. INCORPORATED VILLAGE OF ROCKVILLE CENTRE et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 16, 2008.

Attorney(s) appearing for the Case

Ruffo Tabora Mainello & McKay, P.C., Lake Success (Damien M. Bielli of counsel), for appellants.

Stock & Carr, Mineola (Thomas J. Stock and Victor A. Carr of counsel), for respondent.

SANTUCCI, DICKERSON and BELEN, JJ., concur.

OPINION OF THE COURT

RIVERA, J.P.

On the instant appeal, we consider, inter alia, the issue of whether a motion for leave to replead, pursuant to the current version of CPLR 3211 (e), is subject to any time limitation. In 2005, the Legislature amended CPLR 3211 (e). Although this amendment did not prescribe any time limitation within which a party may move for leave to replead, the defendants invite this Court to "fill the temporal gap" and impose a 30-day...

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