Schulz v. Barrows

OPINION OF THE COURT

Chief Judge Kaye.

Five statutory words — “unless the court orders otherwise” — are at the core of the present appeal. In a motion for summary judgment in lieu of complaint (see, CPLR 3213), was Supreme Court, upon denial of summary judgment, obliged to treat the moving and answering papers as a complaint and answer, or did the statute authorize outright dismissal of the action? We hold that the court’s authority to order “otherwise” included discretion to dismiss, which was not abused here.

According to plaintiff-appellant, defendant-respondent was a flight instructor who…