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TOWN OF PENFIELD v. BAKER COMMODITIES, INC.

138 A.D.2d 953 (1988)

Town of Penfield, Respondent, v. Baker Commodities, Inc., Appellant

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

March 4, 1988

Order affirmed without costs.

Memorandum:

Defendant moved for dismissal of the complaint pursuant to CPLR 3211. Plaintiff expressly limited its responding papers to that motion (cf., Goldstein v County of Monroe, 77 A.D.2d 232) and the parties were not given notice that the motion would be treated as one for summary judgment (see, CPLR 3211 [c]). Thus, Special Term's order properly recites that the motion...

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