¶1Order unanimously affirmed, with costs. Memorandum: We agree that Special Term should not have treated defendants’ motion to dismiss for failure to state a cause of action as one for summary judgment in the circumstances of this case (CPLR 3211, subd [c]). The motion was properly denied on the merits, however. (Appeal from order of Onondaga Supreme Court—dismiss complaint.) Present—Dillon, P. J., Cardamone, Simons, Callahan and Witmer, JJ.
78 A.D.2d 575
Hosid v. Wilson
Appellate Division of the Supreme Court of the State of New York
Decided September 12, 1980
Appellate Division of the Supreme Court of the State of New York · decided 1980-09-12
Decided 1980-09-12