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24 FRANKLIN AVE. R.E. CORP. v. CANNELLA

2014-09314, Index No. 22630/10.

139 A.D.3d 717 (2016)

31 N.Y.S.3d 533

2016 NY Slip Op 03499

24 FRANKLIN AVE. R.E. CORP. et al., Respondents, v. JOSEPH CANNELLA et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 4, 2016.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint is granted.

Contrary to the plaintiffs' contention, the defendants' motion was not procedurally improper, as a defendant may properly move to dismiss a complaint pursuant to CPLR 3211 (a) (7) in either a pre-answer motion or in a post-answer motion (see CPLR 3211 [e]; Butler v Catinella, 58 A.D...

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