Loira v. Anagnastopolous

—In an action, inter alia, to recover damages for wrongful eviction, the plaintiff appeals from an order of the Supreme Court, Queens County (Rutledge, J.) dated September 25, 1992, which denied her motion for a preliminary injunction staying the eviction, dismissed the complaint, and imposed sanctions against her.

Ordered that the order is affirmed, with costs.

The plaintiff contends that the court erred in dismissing the complaint in the absence of a motion by the defendant to dismiss pursuant to CPLR 3211 (a). We disagree. When, as in this case, the plaintiff has moved for a preliminary…