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McMAHON v. COBBLESTONE LOFTS CONDOMINIUM

151136/14, 6574N, 6573, 6572.

161 A.D.3d 536 (2018)

78 N.Y.S.3d 2

2018 NY Slip Op 03490

Shane McMahon et al., Respondents, v. The Cobblestone Lofts Condominium et al., Appellants, et al., Defendants. (And Other Actions.) Shane McMahon et al., Respondents, v. The Cobblestone Lofts Condominium et al., Appellants, et al., Defendants.

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

Decided May 15, 2018.

Although so much of defendants' post-answer motion as sought to dismiss plaintiffs' claims under CPLR 3211 (a) (1) was untimely, the court properly decided so much of the motion as sought dismissal under CPLR 3211 (a) (7) for failure to state a cause of action, which may be made at any time (see CPLR 3211 (e); see e.g. Chuqui v Church of St. Margaret Mary, 39 A.D.3d 397 [1st Dept...

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