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ELSKY v. HEARST CORP.

232 A.D.2d 310 (1996)

648 N.Y.S.2d 592

Stephen L. Elsky, Respondent, v. Hearst Corporation et al., Appellants

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

October 29, 1996

Although the IAS Court treated defendants' motion as one to dismiss pursuant to CPLR 3211, this Court will treat it as one for summary judgment, the parties' evidentiary submissions "clearly indicating that they were `deliberately charting a summary judgment course'" (Mihlovan v Grozavu, 72 N.Y.2d 506, 508, quoting Four Seasons Hotels v Vinnik, 127 A.D.2d 310, 320).

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