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OSIPOVA v. J & J HOTEL CO., LLC

290 A.D.2d 358 (2002)

736 N.Y.S.2d 229

NONNA OSIPOVA, Appellant, v. J & J HOTEL CO., LLC, Defendants, and NEW YORK CITY DEPARTMENT OF HEALTH et al., Respondents.

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

Decided January 24, 2002.

The municipal defendants' motion to dismiss was properly converted into one for summary judgment pursuant to CPLR 3211 (c). Contrary to plaintiff's argument, she was afforded the requisite notice of the conversion and opportunity to make factual submissions. Summary judgment dismissing plaintiff's claims against the municipal defendants was proper in light of plaintiff's failure to exhaust administrative remedies (see, Matter of BMP Contr. Corp. v City Envtl. Control Bd...

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