Vecere v. Estate of Berle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Ordered that the order is reversed, on the law, with costs, the motion of the defendant Estate of Arnold Berle, by Norman Berle, as administrator, pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint is denied, and the plaintiffs cross motion for summary judgment on the complaint is granted.
Although the defendant Estate of Arnold Berle, by Norman Berle, as administrator (hereinafter the Estate), moved pursuant to CPLR 3211 (a) (1) and (7), the Supreme Court, in effect, *638converted the motion into one for summary judgment pursuant to CPLR 3212 without providing adequate notice pursuant…
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