Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Rockland County, for a determination on the merits of that branch of the defendant's motion which was, in effect, pursuant to CPLR 3211 (a) to dismiss the complaint.
The defendant moved, inter alia, in effect, pursuant to CPLR 3211 (a) to dismiss the complaint. In the order appealed from, the Supreme Court, inter alia, in effect, converted...
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