FOUR SEASONS HOTELS v. VINNIK


127 A.D.2d 310 (1987)

Four Seasons Hotels Ltd. et al., Respondents, v. Daniel M. Vinnik et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 28, 1987


Attorney(s) appearing for the Case

Robert P. Stein of counsel (Scheffler Karlinsky & Stein, attorneys), for respondents.

Dale A. Schreiber of counsel (Schwartz Kling & Schreiber, P. C., attorneys), for Dale A. Jenkins, appellant.

Paul M. Lewittes of counsel (Vinnik & Auerbach, attorneys), for Daniel M. Vinnik, appellant.

CARRO, KASSAL and ELLERIN, JJ., concur with WALLACH, J.; KUPFERMAN, J. P., dissents in an opinion.


WALLACH, J.

On a motion pursuant to CPLR 3211 (a) (7), the question immediately before the court is whether the complaint on its face is sufficient to state a cause of action. The court does, however, have the discretion under CPLR 3211 (c) to go behind the face of the complaint by treating the motion as though it were one for summary judgment. This raises the possibility of summary judgment being granted to...

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