9394 LLC v. Farris

In an action, inter alia, to enjoin the defendants from using certain premises “in any capacity in furtherance of them various businesses and trades,” the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 7, 2002, which, in effect, converted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action into a motion for summary judgment, and granted summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the…