Adelphia Lamps & Shades, Inc. v. 41 Madison Avenue Co.

—Order and judgment of the Supreme Court, New York County, entered respectively on February 8, 1978 and February 28, 1978, granting defendant’s motion to dismiss the complaint, reversed, on the law, motion to dismiss denied, and matter remanded to Special Term with the direction that the motion be treated as one for summary judgment under CPLR 3211 (subd [c]), without costs. The separate appeal from the order, entered February 8, 1978, is dismissed as subsumed in the appeal from the judgment, entered February 28, 1978. In their complaint, the plaintiff tenants allege that the escalation…