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CONTE v. CITY OF NEW YORK

294 A.D.2d 109 (2002)

741 N.Y.S.2d 403

YOLANDA CONTE, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 2, 2002.

While defendant's motion, denominated as one for summary judgment, should have been treated as a motion pursuant to CPLR 3211, in light of defendant's failure to file an answer (see, Goldfeld v Mattoon Communications Corp., 99 A.D.2d 711, 712, appeal dismissed 62 N.Y.2d 802), the issues of res judicata, collateral estoppel and the statute of limitations were nonetheless properly...

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