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LUSTIG v. CONGREGATION B'NAI ISREAL

62 Misc.2d 216 (1970)

Beatrice Lustig, Plaintiff, v. Congregation B'Nai Israel of Midwood, Defendant. Levenstein Caterers, Inc., Fourth-Party Plaintiff, v. Jack Karsh, Fourth-Party Defendant.

Supreme Court, Special Term, Kings County.

February 17, 1970

Attorney(s) appearing for the Case

Wolfman S. Stranger (Joseph I. Lauer of counsel), for fourthparty plaintiff. Acker & Hoffman & Cooperman (Nathan Schwartz of counsel), for fourth-party defendant.

WILLIAM T. COWIN, J.

This is a motion by a fourth-party defendant to dismiss a complaint for insufficiency before answer, pursuant to CPLR 3211 (subd. [a], par. 7). The court is disposed to treat it as one for summary judgment under CPLR 3211 (subd. [c]).

CPLR 3211 (subd. [c]) contains an extraordinary power; the power to treat any 3211 motion as one for summary judgment. The effect of the exercise of such a power is to accord the resultant...

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