Every pleading shall consist of plain and concise statements in consecutively numbered paragraphs. Each paragraph shall contain, as far as practicable, a single allegation. Reference to and incorporation of allegations may subsequently be by number. Prior statements in a pleading shall be deemed repeated or adopted subsequently in the same pleading whenever express repetition or adoption is unnecessary for a clear presentation of the subsequent matters. Separate causes of action or defenses shall be separately stated and numbered and may be stated regardless of consistency. Causes of action or defenses may be stated alternatively or hypothetically. A copy of any writing which is attached to a pleading is a part thereof for all purposes.
Davis v Cornerstone Tel. Co., LLC, 2009 NY Slip Op 03434 (App. Div., 3rd, 2009)
For the reasons set forth by Supreme Court in its comprehensive written decision (19 Misc 3d 1142[A] [2008]), we concur that plaintiff's further causes of action numbered 1, 5, 12, 18, 19, 21 and 22 were properly dismissed as time-barred. The court also properly dismissed causes of action numbered 6, 8-11, 13-17, 20 and 23-27 for their failure to state a cause of action. Finally, inasmuch as plaintiff's proposed second amended complaint comprising 196 pages, 488 paragraphs and 25 exhibits would not remedy the defects of the first or comply with CPLR 3014, Supreme Court did not abuse its discretion in denying plaintiff's cross motion to amend his complaint (see Sanford v Colgate Univ., 36 AD3d 1060, 1062 [2007]; Moon v Clear Channel Communications, 307 AD2d 628, 630 [2003]; cf. Lawrence v Talbot, 62 AD2d 1012, 1012 [1978]).
The bold is mine.
Recent Comments