Paulsen v. Paulsen

In an action, inter alia, for an accounting, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Collins, J.), dated March 28, 1988, as denied their motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants’ contention, the motion at issue was to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7) and not for summary judgment pursuant to CPLR 3212. Moreover, the Supreme Court did not treat the motion as one for…