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TOLEDO v. WEST FARMS NEIGHBORHOOD HOUSING DEVELOPMENT FUND COMPANY, INC.

34 A.D.3d 228 (2006)

824 N.Y.S.2d 34

ABIMEL TOLEDO, Appellant, v. WEST FARMS NEIGHBORHOOD HOUSING DEVELOPMENT FUND COMPANY, INC., Respondent and Third-Party Plaintiff. DNA CONTRACTING LLC, Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided November 2, 2006.

The motions to dismiss were technically untimely but we correct the defect (CPLR 2001) and treat them as if they had requested summary judgment. Although parties are ordinarily entitled to notice of such treatment, we find notice unnecessary since the record indicates that the parties laid bare their proof, submitting affidavits and documentary evidence in support of their respective positions (see Kavoukian v Kaletta,

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