Anonymous v. Packer

Summary

The Appellate Division, Second Department affirmed an order dismissing an amended complaint under CPLR 3211(a). The action asserted claims including medical malpractice, fraud, and intentional infliction of emotional distress against the plaintiff's former psychologist. The court rejected the plaintiff's contention that the Supreme Court failed to consider the opposition papers and did not reach or considered dehors-the-record the remaining contentions.

Holdings

1. The Supreme Court properly granted the defendant's CPLR 3211(a) motion because nothing in the record suggested that the court declined to consider the plaintiff's opposition papers.
2. The remaining contentions did not warrant appellate relief because they either did not need to be reached or were based on matter dehors the record.

Questions Presented

1. Whether the Supreme Court improperly failed to consider the plaintiff's opposition papers when granting the defendant's CPLR 3211(a) motion to dismiss the amended complaint.
2. Whether the defendant's remaining appellate contentions warranted relief.

Disposition

affirmed