Huggins v. Whitney

Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), entered August 23, 1995, dismissing the complaint, and bringing up for review an order of the same court and Justice, entered August 21, 1995, which converted defendants’ motion to dismiss the complaint into a motion for summary judgment, and granted defendants summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the matter remanded for further proceedings.

The motion court erred in converting the motion to dismiss the amended complaint into a motion for summary…