Ordered that the order is affirmed, with costs.
Although the defendants' motion for summary judgment was technically premature since issue had not yet been joined (see CPLR 3212 [a]), under the particular facts of this case, where the plaintiff was clearly on notice that the motion was made pursuant to CPLR 3212, submitted opposition papers thereto, and "`deliberately charter[ed] a summary judgment course,'" the Supreme Court properly entertained the motion...
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