The motion court properly ordered the action to be marked "Disposed" since all four of the plaintiff's causes of action had been resolved at the time defendant made its motion to dismiss. The plaintiff's argument that the second cause of action had not been withdrawn at the time of the defendant's motion is unavailing, since, in an earlier order, the motion court explicitly dismissed without prejudice that claim. Although that order was decided by a different justice, CPLR 2221(a) permits the reassignment of such motions.
Fiondella v. 345 W. 70th Tenants Corp., NY Slip Op 01699 (1st Dep't March 12, 2020)
Here is the decision.
