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CHUQUI v. CHURCH OF SAINT MARGARET MARY

39 A.D.3d 397 (2007)

835 N.Y.S.2d 74

LUIS CHUQUI, Appellant, v. CHURCH OF SAINT MARGARET MARY, Respondent and Third-Party Plaintiff. PROMO PRO LTD., Third-Party Defendant-Respondent.

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

Decided April 24, 2007.

Defendant's post-note of issue motion to dismiss for failure to state a cause of action was timely since such a motion can be made at any time (CPLR 3211 [e]), and the CPLR 3212 (a) requirement of demonstrating good cause for the delay is not implicated. Since it was plaintiff himself who requested that the motion be converted into one for summary judgment (CPLR 3211 [c]), he will not be heard to complain that summary judgment treatment was improper. No cause of action exists...

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