Four Seasons Hotels Ltd. v. Vinnik
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
On a motion pursuant to CPLR 3211 (a) (7), the question immediately before the court is whether the complaint on its face is sufficient to state a cause of action. The court does, however, have the discretion under CPLR 3211 (c) to go behind the face of the complaint by treating the motion as though it were one for summary judgment. This raises the possibility of summary judgment being granted to either side prior to joinder of issue — but not before the court first gives notice of its intention to so treat the motion. Such notice must come directly from the…
2Cases cited41 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
36 more not listed; retrieve them via the Exa API.
3Cited by192 opinions
- Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bauman Associates, Inc. v. H & M International Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- McGill v. ParkerAppellate Division of the Supreme Court of the State of New York · 1992
187 more not listed; retrieve them via the Exa API.