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MOBIL OIL CORP. v. TOWN OF NORTH HEMPSTEAD

59 A.D.2d 551 (1977)

Mobil Oil Corporation, Appellant-Respondent, v. Town of North Hempstead, Respondent-Appellant

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

August 8, 1977

Order reversed, on the law, without costs or disbursements, and motion denied.

Special Term committed error in treating the defendant's motion to dismiss the complaint as one for summary judgment. It did not "provide adequate notice to the parties, and thus give them an opportunity to make an appropriate record" (Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635). Moreover, the information submitted to the court on the motion...

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