November 3, 2021

CPLR 3211(a)(5).

In opposition to the motion to dismiss, a plaintiff may submit affidavits to remedy defects in the complaint and preserve claims that are inartfully pleaded but potentially meritorious.

Jacobson Dev. Group, LLC v. Grossman, NY Slip Op 05851 (2d Dep't October 27, 2021)

Here is the decision.