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METRO. TRANSP. AUTH. v. REGENCY-LEXINGTON PARTNERS

89 A.D.2d 831 (1982)

Metropolitan Transportation Authority et al., Appellants, v. Regency-Lexington Partners et al., Respondents

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

August 5, 1982

In dismissing the first cause of action, Special Term relied on an affidavit of counsel for the defendants-respondents to bring before the court two significant letters with respect to the question of the Statute of Frauds. No opportunity was given to counsel for plaintiffs-appellants to reply. The effect of this was impermissibly to convert a motion under CPLR 3211 (subd [a], pars 5, 7) into a motion for summary judgment under CPLR 3212. (See Rovello v Orofino Realty...

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