Sunset Cafe, Inc. v. Mett's Surf & Sports Corp.

In an action, inter alia, to, in effect, recover damages for wrongful ejectment pursuant to RPAPL 853, the plaintiff appeals from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated December 20, 2011, which converted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint into one for summary judgment, and thereupon granted the motion.

Ordered that the order is modified, on the law, by deleting the provision thereof converting the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint into a motion for summary judgment dismissing the complaint,…