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MYERS v. BMR BUILDING INSPECTIONS, INC.

29 A.D.3d 546 (2006)

814 N.Y.S.2d 686

DAVID MYERS III et al., Appellants-Respondents, v. BMR BUILDING INSPECTIONS, INC., Defendant, and BART RODI, P.E., et al., Respondents-Appellants.

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

May 2, 2006.

Ordered that the order, as corrected, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the plaintiffs' contention, the Supreme Court properly converted the motion to dismiss the complaint to one for summary judgment because the parties made "it unequivocally clear that they [were] laying bare their proof and deliberately charting a summary judgment course" (Jamison v...

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