Burden v. Graves

In an action, inter alia, pursuant to REAPL article 15 to set aside a deed, the defendant appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated December 8, 2004, as denied that branch of his motion which was to dismiss the first cause of action pursuant to CPLR 3211.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to *422dismiss the first cause of action pursuant to CPLR 3211 is granted, and that cause of action is dismissed.

On September 25,…