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ULTRAMAR v. CHASE MANHATTAN

191 A.D.2d 86 (1993)

Ultramar Energy Limited, Respondent, v. Chase Manhattan Bank, N.A., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1993

Attorney(s) appearing for the Case

Adlai S. Hardin, Jr., of counsel, New York City (Gila E. Gellman with him on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for appellant.

Michael F. Fitzgerald of counsel, New York City (John D. D'Ercole with him on the brief; Robinson Brog Leinwand Reich Genovese & Gluck, P. C., attorneys), for respondent.

KUPFERMAN and ROSS, JJ., concur with SULLIVAN, J. P.; ASCH and KASSAL, JJ., dissent in a separate opinion by ASCH, J.

SULLIVAN, J. P.

On this appeal, we are confronted at the outset with the question of whether a defendant's second motion to dismiss pursuant to CPLR 3211 (a) (1) and (7) violates CPLR 3211 (e), which allows the making of only one motion on one or more of the grounds set forth in subdivision (a) of CPLR 3211. It is an issue that divides us. Our dissenting colleagues...

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