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MILNE v. CHEEMA

270 A.D.2d 165 (2000)

706 N.Y.S.2d 84

REBEKAH MILNE et al., Respondents, v. AHMED N. CHEEMA, Appellant.

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

Decided March 28, 2000.

Defendant's motion to dismiss the complaint should have been granted. Although defendant styled his motion as one pursuant to CPLR 3211 (a) (2), which can be made at any time, even after the commencement of trial (CPLR 3211 [e]; see also, Holz v Rinacente Props., 197 A.D.2d 669), the motion court correctly perceived the motion for what it plainly was, a CPLR 3212 motion masquerading as one brought pursuant to CPLR 3211. Dismissal...

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