The IAS court, in its decision declaring the rights of the parties, in effect granted summary judgment without having a motion for such relief before it. Neither of the parties requested that defendants' cross motion for dismissal be treated as one for summary judgment pursuant to CPLR 3211 (c) and the court could not properly treat it as such, sua sponte, without giving "adequate notice" (CPLR 3211 [c]). "Neither party had otherwise received `adequate notice' by expressly...
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