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HERMAN v. GREENBERG

221 A.D.2d 251 (1995)

634 N.Y.S.2d 99

Dennis A. Herman, Respondent, v. Martin A. Greenberg, Appellant, et al., Defendants. (And Another Action.)

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

November 28, 1995

There is no merit to defendant Greenberg's contention that the IAS Court either abused its discretion or deprived him of his right to due process by, during trial, dismissing his counterclaim for tortious interference with contract. A motion to dismiss for failure to state a cause of action may be entertained at any time (CPLR 3211 [e]; Quigley v City of Oswego, 71 A.D.2d 795, lv denied 48 N.Y.2d 607), and a decision thereon...

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