We agree that Special Term improperly treated defendant's motion as one for summary judgment under CPLR 3212 instead of as one for dismissal under CPLR 3211 (subd [a]). The motion, made prior to joinder of issue, was addressed solely to the face of the pleading. Giving every favorable inference to the allegations of the complaint, as must be done on a motion to dismiss, we disagree with the fact-finding analysis engaged in by Special Term. Although CPLR 3211 (subd [c]) expressly...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
