Legal Opinion
Six Nations Apartment Housing Fund Development Co. v. Six Nations Properties, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 6 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law without costs, complaint reinstated, and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Supreme Court erred by resolving the issue of the reasonableness of plaintiff’s actions on defendant’s motion to dismiss the complaint without giving appropriate notice to the parties of its intention to treat the motion as one for summary judgment (CPLR 3211 [c]; Mihlovan v Grozavu, 72 NY2d 506, 508). The court’s action cannot be justified as a proper response to plaintiff’s motion for a preliminary…
2Cases cited3 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Bero v. BeroAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by6 opinions
- Livas v. MitznerAppellate Division of the Supreme Court of the State of New York · 2003
- Ratner v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1999
- Morris v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2002
- 68 Burns New Holding, Inc. v. Burns Street Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Board of Trustees of Sackets Harbor v. Sackets Harbor Leasing Co.Appellate Division of the Supreme Court of the State of New York · 2003
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