Martin v. Adler

. OPINION OF THE COURT

Robert J. Stolarik, J.

This is a motion by the defendant for an order dismissing plaintiffs’ complaint as untimely commenced, pursuant to CPLR 3211 (a) (5), and, in the alternative, for failure to state claims upon which relief can be granted, pursuant to CPLR 3211 (a) (7). Plaintiffs, in turn, cross-move for a default judgment pursuant to CPLR 3215 on the ground that defendant has failed to timely respond to plaintiffs’ complaint.

The facts of this case are as follows. For several years the plaintiffs have demonstrated their pro-life views in front of a medical clinic…