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9394 LLC v. FARRIS, JR.

304 A.D.2d 804 (2003)

757 N.Y.S.2d 802

9394 LLC et al., Appellants, v. JOHN T. FARRIS, JR., et al., Respondents.

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

Decided April 28, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court, in effect, converted the defendants' motion to dismiss the complaint for failure to state a cause of action into a motion for summary judgment without providing notice to the parties as set forth in CPLR 3211 (c) (see Rovello v Orofino Realty Co., 40 N.Y.2d 633

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