POUNCY v. SOLOTAROFF

8421, 403478/10, 8421A.

100 A.D.3d 410 (2012)

953 N.Y.S.2d 497

LARRY POUNCY, Appellant, v. JASON L. SOLOTAROFF et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

November 8, 2012.


Upon defendants' motion, the IAS court tolled the time to answer or move in response to the complaint, and defendants submitted their motion to dismiss by the date ordered. As a result, defendants did not default in responding to the complaint, even though they responded after the original deadline (see DiPietro v Seth Rotter, P.C., 267 A.D.2d 1, 2 [1st Dept 1999]).

The IAS court properly dismissed plaintiff's claim for legal...

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