Santana v Saintilus (2005 NY Slip Op 50271(U))

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Santana v Saintilus

2005 NY Slip Op 50271(U)

Decided on March 3, 2005

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 3, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-635 Q C

NELSON SANTANA, Appellant,

against

GANOT SAINTILUS and SERGOT PIERRE, Respondents.

Appeal by plaintiff from an order of the Civil Court, Queens County (J. Golia, J.), entered January 9, 2004, granting defendants' motion to dismiss the complaint.

Order unanimously affirmed without costs.

In our opinion, the court below properly granted defendants' motion to dismiss the complaint pursuant to CPLR 3215 (c). We find no merit to plaintiff's contention that CPLR 3215 (c) is inapplicable to the facts herein.
Decision Date: March 03, 2005