Every
pleading shall consist of plain and concise statements in consecutively
numbered paragraphs. Each paragraph shall contain, as far as
practicable, a single allegation. Reference to and incorporation of
allegations may subsequently be by number. Prior statements in a
pleading shall be deemed repeated or adopted subsequently in the same
pleading whenever express repetition or adoption is unnecessary for a
clear presentation of the subsequent matters. Separate causes of action
or defenses shall be separately stated and numbered and may be stated
regardless of consistency. Causes of action or defenses may be stated
alternatively or hypothetically. A copy of any writing which is
attached to a pleading is a part thereof for all purposes.
Davis v Cornerstone Tel. Co., LLC, 2009 NY Slip Op 03434 (App. Div., 3rd, 2009)
For the reasons set forth by Supreme Court in its comprehensive written
decision (19 Misc 3d 1142[A] [2008]), we concur that plaintiff's
further causes of action numbered 1, 5, 12, 18, 19, 21 and 22 were
properly dismissed as time-barred. The court also properly dismissed
causes of action numbered 6, 8-11, 13-17, 20 and 23-27 for their
failure to state a cause of action. Finally, inasmuch as plaintiff's
proposed second amended complaint comprising 196 pages, 488 paragraphs
and 25 exhibits would not remedy the defects of the first or comply
with CPLR 3014, Supreme Court did not abuse its discretion in denying
plaintiff's cross motion to amend his complaint (see Sanford v Colgate Univ., 36 AD3d 1060, 1062 [2007]; Moon v Clear Channel Communications, 307 AD2d 628, 630 [2003]; cf. Lawrence v Talbot, 62 AD2d 1012, 1012 [1978]).
The bold is mine.
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