The motion court erred in converting the motion to dismiss the amended complaint into a motion for summary judgment without providing CPLR 3211 (c) notice to the parties. None of the recognized exceptions to the notice requirement is applicable here: a specific request for summary judgment had not been made by any party; the parties could not be said to have revealed their proof and clearly charted a summary judgment course, given the sparsity of the record on the issues...
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