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LONG v. CHILDREN'S VILLAGE, INC.

24 A.D.3d 518 (2005)

805 N.Y.S.2d 286

JUSTIN LONG et al., Appellants, v. CHILDREN'S VILLAGE, INC., Respondent.

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

December 12, 2005.

Ordered that the judgment is reversed, on the law, with costs, the application is denied, and the complaint is reinstated.

The Supreme Court correctly characterized the defendant's oral application, made on the eve of trial, as one, in effect, for summary judgment. However, upon doing so, it improvidently exercised its discretion in entertaining the application on its merits. It was made some 17 months after the note of...

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