Milne v. Cheema
Cases that cite this one
1 later published case cites this decision.
- M.D. v. Pasadena Realty Co. (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered on or about March 30, 1999, which denied defendant’s motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.
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 AD2d 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 was sought on the grounds of failure to establish, prima facie, the serious injury threshold of Insurance Law § 5104 (a). The court’s function on such a motion is to determine whether a question of fact exists on the issue or whether it can
Case-law data current through December 31, 2025. Source: CourtListener bulk data.