Toledo v. West Farms Neighborhood Housing Development Fund Co.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 14, 2005, granting third-party defendant DNA Contracting’s motion and defendant West Farms’ cross motion for dismissal of the complaint, unanimously affirmed, without costs.

The motions to dismiss were technically untimely but we correct the defect (CPLR 2001) and treat them as if they had *229requested summary judgment. Although parties are ordinarily entitled to notice of such treatment, we find notice unnecessary since the record indicates that the parties laid bare their proof, submitting affidavits and documentary…