The court erred by treating defendants' motion made pursuant to CPLR 3211(a)(7) and (10) as a motion for summary judgment without providing the parties with notice, as required by CPLR 3211(c) (see Mihlovan v Grozavu,
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BRATHWAITE v. FRANKEL
6741, 105174/11.
98 A.D.3d 444 (2012)
949 N.Y.S.2d 678
2012 NY Slip Op 6000
KAREN BRATHWAITE et al., Appellants, v. DAVID F. FRANKEL et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided August 21, 2012.
Decided August 21, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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