Matthews v. Schlumberger Ltd.

Order, Supreme Court, Suffolk County (Robert Doyle, J.), entered on or about December 31, 1991, which granted defendants’ motion "for an order dismissing the complaint [pursuant to CPLR 3211 (a)] and for summary judgment [pursuant to CPLR 3212]”, unanimously modified, on the law, to declare in connection with the fourth cause of action that plaintiffs’ employee stock options ceased vesting as of the date of their terminations, and otherwise affirmed, with costs to respondents.

*370The IAS Court did not improperly treat the motion as one for summary judgment in violation of the notice requirement…