O'HARA v. Del Bello

OPINION OF THE COURT

Jones, J.

An affirmance of an award of summary judgment to petitioner, granted on respondents’ motion to dismiss the petition under CPLR 3211 (subd [a], pars 2, 7) prior to service of an answer, presents no reversible error of law in this court when it appears that the determination on the merits involved only a question of law which was argued by the parties on the motion and respondents have at no time identified or demonstrated the existence of any material factual issues. When there has been a failure to comply with the procedures and requirements of CPLR article 9 for…