Meier v Douglas Elliman Realty LLC

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Meier v Douglas Elliman Realty LLC 2013 NY Slip Op 30736(U) March 22, 2013 Supreme Court, New York County Docket Number: 111046/09 Judge: Paul Wooten Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication. , ON411112013 [* 1] MOTION SEQ. NO. strike the answer of defe pursuant to 22 NYCRR 9 1 Subsequent to the filing of the abovementioned motions, the Roth Sporn defendants withdrew their cross-moti , as well as the second counterclaim cont (see Transcript dated August I O , ed within their a 11, p. 4, 9). Additionally, by letter, plaintiff withdrew the portions of his motion made pursuant to CPLR 3126. Accordingly, the only issues left the Court are the portions of plaintiff's motion seeking to dismiss the Page Iof 6 Sporn defendants' [* 2] dismiss pursuant to pleading states no legall 268 [I 9971;Salles v Chas ttan Bank, 300 AD2d 226 [Ist Dept 20021). motion or in a responsiv to sue. The issue of lack of cap a ground for dismissal if timely r AD3d 278,279 [Ist Dept 20061 concerns a litigant s power to a Upon a CPLR 3211(a)(7) motion to dismiss for failure to sta question for us is whether the requi e allegations of any valid ca Page 2 of 6 a cause of action, the [* 3] NY 144, 151 [1894])."[ [* 4] y Mickey Roth to do wo assumption and exe (see Trustforte Corp. Y Eise County 20051;see also Page4of 6 [* 5] Sporn defendants counterclaim d conversion of her co its allegatbns is not part o , the Court finds that the Roth Sporn defendants conduct in bringing the f counterclaim was not frivolous within the meaning o 22 NYCRR § 130-1,1, and therefore portion of plaintiffs motion seeking the i sition of sanctions against defendants is denied. Page 5 of 6 [* 6]

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