Tuesday, July 22, 2014

Sua sponte dismissal undone.

The Appellate Division determined that the Supreme Court erred when, sua sponte,  it directed the dismissal of the complaint and the cancellation of the notice of pendency filed against the subject property for lack of standing. A party's lack of standing does not constitute a jurisdictional defect,
 and does not warrant the court's sua sponte dismissal of a complaint

Student note:  A court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal.

Case:  Bank of N.Y. v. Mulligan, NY Slip Op 05291 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue:  Defamation and the single publication rule.