On September 28, 2023, the First Department issued a decision in Ringel v. Ringel, 2023 NY Slip Op. 04831, holding that a trial court erred in dismissing a claim sua sponte, without giving the plaintiff an opportunity to respond, explaining:
The remaining bases for the court’s dismissal of the claims — CPLR 3211(a)(4) and claim splitting — were improperly invoked by the court sua sponte, which substantially prejudiced plaintiff, who had no opportunity to respond.
(Internal quotations and citations omitted).