TELLIER-WOLFE v. VIACOM BROAD., INC.


134 A.D.2d 860 (1987)

Vivienne Tellier-Wolfe et al., Respondents, v. Viacom Broadcasting, Inc., Doing Business as WHEC-TV "Channel 10", Appellant

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

November 10, 1987


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Special Term incorrectly treated defendants' motion to dismiss the complaint for failure to state a cause of action (CPLR 3211 [a] [7]) as one for summary judgment (CPLR 3212). While CPLR 3211 (c) permits the court to treat a motion to dismiss as one for summary judgment, it may only do so by first giving adequate notice to the parties. Absent such notice, there can be no such...

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