Lau v. 7th Precinct of the Police Department

Order, Supreme Court, New York County (Karen S. Smith, J.), entered April 5, 2010, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered February 5, 2010, which denied plaintiffs motion to serve an amended complaint, unanimously affirmed, without costs.

Although defendants stated in their notice of motion that *549they sought an order pursuant to CPLR 3212 granting summary judgment, in the supporting affirmation, they argued that the complaint failed to state a cause of action (CPLR 3211 [a] [7]),…