Goncalves v. Soho Village Realty, Inc.

OPINION OF THE COURT

Order, dated June 10, 2014, reversed, with $10 costs, motion denied, petition reinstated and matter remanded to Civil Court for further proceedings.

Respondents’ postanswer motion to dismiss the illegal lockout proceeding based on documentary evidence (CPLR 3211 [a] [1]) should have been denied as untimely (see CPLR 3211 [e]; Masada Universal Corp. v Goodman Sys. Co., 121 AD2d 518 [1986]; see also Hendrickson v Philbor Motors, Inc., 102 AD3d 251, 257 [2012]). Further, in the absence of notice to the parties pursuant to CPLR 3211 (c), respondents’ motion could not properly…