Appellate Division of the Supreme Court of the State of New York April 23, 2002 (Property Clerk of New York City Police Department v. BMW Financial)

—Order, Supreme Court, New York County (Martin Shulman, J.), entered January 3, 2001, which granted defendants’ motion to dismiss the action for failure to state a cause of action pursuant to CPLR 3211 (a) (7) and awarded costs and attorneys’ fees to defendants for plaintiff’s commencement of a frivolous action against them, unanimously modified, on the law and the facts, to provide that