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MIN MUN v. EUN HONG

44 A.D.3d 534 (2007)

843 N.Y.S.2d 505

CHONG MIN MUN, Appellant, et al., Plaintiff, v. SOUNG EUN HONG, Respondent.

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

Decided October 25, 2007.

Plaintiff's breach of contract action should not have been dismissed under CPLR 3211 (a) (see Matter of 166 Mamaroneck Ave. Corp. v 151 E. Post Rd. Corp., 78 N.Y.2d 88, 91 [1991]). As to the remaining causes of action, since it is not clear from the record that both parties had deliberately charted a course for summary judgment, that relief should not have been granted in the absence of adequate notice to the litigants (see Rovello...

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