MacDonald v. Prudential Securities Inc.

Judgment, Supreme Court, New York County (Herman Cahn, J.), entered Januáry 6, 1997, dismissing the complaint, and bringing up for review an order that treated defendants’ motion to dismiss as one for summary judgment, and granted summary judgment in favor of defendants, unanimously affirmed, without costs.

*347Plaintiffs themselves deemed defendants’ motion as one for summary judgment, submitting affidavits and arguments in opposition that clearly indicated that they were laying bare their proof, and therefore cannot now claim that they were not given CPLR 3211 (c) notice (see, Mihlovan v…