Kropac v. Long Island Trust Co.

— In an action for a declaratory judgment that defendant has no interest or rights against plaintiffs as guarantors of two corporate notes, defendant appeals from so much of an order of the Supreme Court, Suffolk County (McCarthy, J.), dated April 22, 1981, as denied its cross motion to dismiss the complaint. Order reversed, insofar as appealed from, on the law, without costs or disbursements, and cross motion to dismiss the complaint granted. Special Term was correct in treating defendant’s cross motion to dismiss the complaint as a CPLR 3211 (subd [a], par 7) motion to dismiss for failure…