Used Boat Haven Inc. v. Citibank, N.A.

—In an action to recover damages for conversion and to recover punitive damages, the defendant appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated December 24, 1996, which, upon converting its motion pursuant to CPLR 3211 (a) (5) to one for summary judgment, denied the motion, and in effect, denied an application for the imposition of a sanction pursuant to 22 NYCRR part 130.

Ordered that the order is modified, on the law, by deleting the provision thereof which, upon converting the defendant’s motion to one for summary judgment, denied that branch of the motion, and…