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PIRRO & SONS, INC. v. THOMAS J. PIRRO, JR. FUNERAL HOME
Citation: Not availableDocket: CA 15-00968
Court: Appellate Division of the Supreme Court of the State of New York; March 18, 2016; New York; State Appellate Court
Original Court Document: View Document
The Supreme Court of the State of New York, Appellate Division, reversed an order from the Supreme Court, Onondaga County, that had granted defendants' motion to dismiss a petition filed by Pirro Sons, Inc. The appeal was based on allegations that Thomas J. Pirro, Jr. Funeral Home and Thomas J. Pirro, Jr. violated a prior settlement agreement by suggesting an affiliation with Pirro Sons, Inc. in an advertisement. The Appellate Division recognized that Pirro Sons, Inc. had mistakenly initiated a proceeding instead of an action and exercised discretion under CPLR 103(c) to convert the proceeding into a breach of contract action. The court reinstated the petition as a complaint and deemed Pirro Sons, Inc. the plaintiff, with the defendants being the funeral home and Thomas J. Pirro, Jr. The court found that the Supreme Court had erred in dismissing the case under CPLR 3211, asserting that the allegations presented a valid claim for breach of contract, warranting a permanent injunction.