Appeal from the judgment dismissed as academic, without costs or disbursements. The judgment was superseded by the order made upon reargument. Order affirmed insofar as appealed from, without costs or disbursements.
Without giving notice to the parties of its intention to do so, Special Term in effect treated appellants' motion to dismiss as one for summary judgment and granted judgment in favor of the petitioner. This was error (see CPLR 3211, subd [c]). However...
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