Legal Opinion
I.J.E. Construction Corp. v. Dollar Federal Savings & Loan Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1983PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Nadel, J.), entered January 4, 1982, which granted defendant’s motion pursuant to CPLR 3211 (subd [a], par 7), dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, the motion denied and the complaint reinstated, with defendant directed to serve its answer thereto within 20 days after service of the order on this appeal. We agree that Special Term improperly treated defendant’s motion as one for summary judgment under CPLR 3212 instead of as one for dismissal under CPLR 3211 (subd [a]). The motion, made prior to…
2Cases cited4 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Monteferrante v. New York City Fire DepartmentNew York Court of Appeals · 1979
- Monteferrante v. New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1978
- Guzzo v. Easterntech Electronics, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by3 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Handy v. Westbury Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1984
- Bank v. Ulster Heights Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1985