Santana v Saintilus

[*1] Santana v Saintilus 2005 NY Slip Op 50271(U) Decided on March 3, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 3, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-635 Q C

NELSON SANTANA, Appellant,

against

GANOT SAINTILUS and SERGOT PIERRE, Respondents.

Appeal by plaintiff from an order of the Civil Court, Queens County (J. Golia, J.), entered January 9, 2004, granting defendants' motion to dismiss the complaint.

Order unanimously affirmed without costs.

In our opinion, the court below properly granted defendants' motion to dismiss the complaint pursuant to CPLR 3215 (c). We find no merit to plaintiff's contention that CPLR 3215 (c) is inapplicable to the facts herein.
Decision Date: March 03, 2005