Bob v. Cohen

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered May 11, 2011, which denied defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. Appeal from order, same court and Justice, entered July 14, 2011, which denied defendants’ motion to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper. The Clerk is directed to enter judgment dismissing the complaint against defendants.

Defendants’ motion to dismiss was not untimely, as found by the motion court, since the parties had stipulated, both…