We reject defendants' argument, that the IAS Court improvidently exercised its discretion by refusing, at oral argument, to convert that branch of their motion to dismiss plaintiff's defamation claim to a motion for summary judgment. We also decline to exercise our own discretion to so convert the motion since the record does not establish that the parties "deliberately chart[ed] a summary judgment course" (Elsky v Hearst Corp.,
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WADIAK v. POND MANAGT., LLC
8784, 652697/11E.
101 A.D.3d 474 (2012)
955 N.Y.S.2d 51
2012 NY Slip Op 8463
MATTHEW J. WADIAK, Respondent, v. POND MANAGEMENT, LLC, et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
December 11, 2012.
December 11, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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