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MATTHEWS v. SCHLUMBERGER LTD.

202 A.D.2d 369 (1994)

612 N.Y.S.2d 828

Bruce Matthews et al., Appellants, v. Schlumberger Limited et al., Respondents, et al., Defendant

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

March 31, 1994

The IAS Court did not improperly treat the motion as one for summary judgment in violation of the notice requirement of CPLR 3211 motion that the court converted to a summary judgment motion, but was, ab initio, a motion for summary judgment as well. CPLR 3212 is cited five times in defendants' notice of motion, and plaintiffs' counsel acknowledged four times in his opposition papers that this was a motion for dismissal of...

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