Costanza Construction Corp. v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We are unable to discern whether Special Term treated the third-party defendant’s motion as one for dismissal for failure to state a cause of action pursuant to CPLR 3211 *1112(a) (7) or as one for summary judgment pursuant to CPLR 3212 (b). "While CPLR 3211 (c) permits the court to treat a motion to dismiss as one for summary judgment, it may only do so by first giving adequate notice to the parties. Absent such notice, there can be no such conversion by the…
2Cases cited6 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Pollnow v. Poughkeepsie Newspapers, Inc.New York Court of Appeals · 1986
- Pollnow v. Poughkeepsie Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- BBIG Realty Corp. v. GinsbergAppellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- Fitzpatrick v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1988
- Reliance Insurance v. Morris AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- Aetna Casualty & Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- New York Magazine v. Metropolitan Transit AuthorityDistrict Court, S.D. New York · 1997
4 more not listed; retrieve them via the Exa API.