November 17, 2019

CPLR 3025[b].

On a motion to dismiss, the motion court may not sua sponte grant plaintiff leave to file a second amended complaint in the absence of a cross motion and an accompanying proposed pleading.

Sutton Animal Hosp. PLLC v. D&D Dev., Inc., NY Slip Op 08263 (1st Dep't November 14, 2019)

Here is the decision.