Appellate Division of the Supreme Court of the State of New York May 11, 1995 (Tesciuba v. Koch)

Order, Supreme Court, New York County (Walter Tolub, J.), entered March 18, 1994, which granted defendants’ motion pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint, unanimously affirmed, without costs.

As defendant’s prior CPLR 3211 (a) motion was expressly denied "without prejudice”, there was no bar to this subsequent motion.