Judgment unanimously affirmed, with costs.
Since formal notice that the court intended to treat the motions to dismiss the complaints (CPLR 3211, subd [a], par 7) as motions for summary judgment was not given to the appellants (CPLR 3211, subd [c]), Special Term erred insofar as it purported to treat the motions as ones seeking summary judgment. The complaints do not, however, state legally cognizable...
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