In an action for breach of warranty, fraud and conspiracy, defendants Eastland and Featherstone appeal from so much of an order at Special Term that treated their motion to dismiss the complaint as a motion for summary judgment and denied same. Since evidentiary material was submitted by defendants and other moving parties, this procedure was proper. (CPLR 3211, subd. [c]; 4 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3211.50.) The trial court found questions of fact exist...
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