Haber v. Raso

In an action to recover rent arrears and damages for injury to real property, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated March 21, 2014, which denied their motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint is granted.

In October 2012, the plaintiff voluntarily discontinued an ac tion in the Civil Court of the City of New York, Kings County, against the defendants. In March 2013, the plaintiff…