Legal Opinion
Brathwaite v. Frankel
Appellate Division of the Supreme Court of the State of New York
Decided August 21, 2012PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered August 16, 2011, which granted defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.
The court erred by treating defendants’ motion made pursuant to CPLR 3211 (a) (7) and (10) as a motion for summary judgment without providing the parties with notice, as required by CPLR 3211 (c) (see Mihlovan v Grozavu, 72 NY2d 506, 508 [1988]). While defendants’ notice of motion sought, as alternative relief, summary judgment pursuant to CPLR 3211 (c), plaintiffs never…
2Cases cited5 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Wiesen v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2003
- Exxon Shipping Co. v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- James v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Regan v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 2016
- Kurylov v. Icahn School of Medicine at Mount SinaiAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Local 621 v. New York City Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2019
- Molina v. Mount Sinai Morningside Hosp.Appellate Division of the Supreme Court of the State of New York · 2025
2 more not listed; retrieve them via the Exa API.