Marceca v. City of New York

OPINION OF THE COURT

Lawrence S. Knipel, J.

Defendant Keyspan Corporation moves for an order, pursuant to CPLR 3211 (a) (5), dismissing the complaint on the ground that the action against Keyspan was commenced after the statute of limitations had expired and it is therefore time-barred. Keyspan also moves, without opposition, for an order restoring the instant motion to dismiss, which was “marked off’ for both parties’ failure to appear on the return date of said motion, to the court’s motion calendar. Defendant City of New York moves for an order, pursuant to CPLR 3211 (a) (7) and/or 3212,…