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KENYON & KENYON LLP v. SIGHTSOUND TECH., LLC

650795/14. 3042. 3041. 3040.

151 A.D.3d 530 (2017)

2017 NY Slip Op 04794

58 N.Y.S.3d 298

KENYON & KENYON LLP, Appellant, v. SIGHTSOUND TECHNOLOGIES, LLC, et al., Respondents, et al., Defendant.

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

Decided June 13, 2017.

The motion court erred in granting defendants' CPLR 3211 (a) (7) motion to dismiss, which was never converted to a motion for summary judgment pursuant to CPLR 3211 (c), on the basis of the averments in their supporting affidavit (see Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635 [1976] ["affidavits received on an unconverted motion to dismiss for failure to state a cause of action are not to be examined for the purpose of determining...

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