Elliott Scheinberg. Courtesy photo Second Department Seeks Termination of Sua Sponte Dismissals of Complaints
While it's well settled law in all four appellate departments that "a court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal," trial courts continue to disregard this stentorian directive with no end in sight.
July 12, 2024 at 10:00 AM
11 minute read
While it is very well settled law, one might even say indelibly engraved, in all four appellate departments that "A court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal," HSBC Bank USA, N.A. v. Taher, 104 A.D.3d 815, 817 [2d Dept 2013], trial courts continue to disregard this stentorian directive with no end in sight. Wells Fargo Bank, N.A. v. St. Louis, 2024 NY Slip Op 02948 [2d Dept 2024] calls out these repeating transgressors.
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