Ordered that the order and judgment is reversed, on the law, with costs, and the petition is reinstated.
The Supreme Court, in effect, converted the motion to dismiss the petition for failure to state a cause of action into a motion for summary judgment without providing CPLR 3211 (c) notice to the parties. However, 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...
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