Initially, we find that the motion court erred when it converted defendant's CPLR 3211 motion to one for summary judgment. CPLR 3211 (c) provides, in pertinent part: "Upon the hearing of a motion made under subdivision (a) or (b), either party may submit any evidence that could properly be considered on a motion for summary judgment. Whether or not issue has been joined, the court, after adequate notice to the parties, may treat the motion as a motion for summary judgment...
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