Appellate Division of the Supreme Court of the State of New York July 13, 2016, 2014-07622 (Heeran v. Long Is. Power Auth. (LIPA))

*567Miller, J.,

dissents, and votes to reverse the order appealed from, on the law, and grant the joint motion of the defendants Long Island Power Authority (LIPA) and National Grid Electric Services, LLC, incorrectly sued herein as Keyspan Electric Services, LLC, pursuant to CPLR 3211 (a) (7) to dismiss the amended complaint insofar as asserted against them, with the following memorandum: When