Milne v. Cheema

—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…