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KASWAN v. APONTE

160 A.D.2d 324 (1990)

Joseph Kaswan, Respondent, v. Angelo J. Aponte, as Commissioner of The New York City Department of Consumer Affairs, et al., Appellants

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

April 10, 1990

Procedurally, it was not improper for the court, on its own, in this declaratory judgment action, to convert respondent's motion to dismiss to one for summary judgment, pursuant to CPLR 3211 (c), since the case presented no issues of fact but only issues of law in involving an issue of statutory construction, fully appreciated and argued by both sides. (Four Seasons Hotels v Vinnik, 127 A.D.2d 310, 320; Mihlovan v Grozavu...

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