Pouncy v. Solotaroff

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 12, 2011, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, also entered May 12, 2011, which dismissed as moot plaintiff’s motion for a default judgment, unanimously affirmed, without costs.

Upon defendants’ motion, the IAS court tolled the time to answer or move in response to the complaint, and defendants submitted their motion to dismiss by the date ordered. As a result, defendants did not default in responding to the complaint, even though…