Legal Opinion
Acosta v. Vataj
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 1991PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Anita Florio, J.), which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a), unanimously modified, on the law, to reverse so much thereof as dismissed plaintiff’s first cause of action and that portion of the complaint is reinstated; and is otherwise affirmed without costs.
It was error for IAS to convert defendants’ motion to dismiss the first cause of action for defamation (CPLR 3211 [a] [7]) into one for summary judgment under CPLR 3212 without any notice to the parties (Four Seasons Hotels v Vinnik, 127 AD2d 310). Such a course…
2Cases cited4 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Schulman v. Anderson Russell Kill & Olick, P. C.New York Supreme Court · 1982
- Kallman v. Wolf Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Whelehan v. YazbackAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by5 opinions
- Fletcher v. Dakota, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Garcia v. PuccioAppellate Division of the Supreme Court of the State of New York · 2005
- Baines v. Daily News L.P.New York Supreme Court · 2015
- Aguinaga v. 342 East 72nd Street Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Fletcher v. Dakota, Inc.Appellate Division of the Supreme Court of the State of New York · 2012