SUMMIT DEVELOPMENT CORP. v. INTERSTATE MASONRY CORP.

2012-04446.

105 A.D.3d 1031 (2013)

964 N.Y.S.2d 911

2013 NY Slip Op 2736

SUMMIT DEVELOPMENT CORP., Doing Business as SUMMIT WATERPROOFING & RESTORATION CO., Appellant, v. INTERSTATE MASONRY CORP. et al., Respondents.

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

Decided April 24, 2013.


In an action to recover damages for fraud, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated April 2, 2012, as granted those branches of the defendants' motion which were pursuant to CPLR 3211(a)(7) to dismiss the first and second causes of action and denied, as academic, its cross motion to convert the defendants' motion into one for summary judgment and, upon conversion, award summary judgment...

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