Gordon v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Gordon v. Metropolitan Life Insurance

73 A.D.2d 811, 423 N.Y.S.2d 856, 1979 N.Y. App. Div. LEXIS 14692

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 14, 1979

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 73 A.D.2d 811 (Gordon v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gordon v. Metropolitan Life Insurance, 73 A.D.2d 811, 423 N.Y.S.2d 856, 1979 N.Y. App. Div. LEXIS 14692 (N.Y. Ct. App. 1979).

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Opinion

— Judgment unanimously affirmed, with costs. Memorandum: Since formal notice that the court intended to treat the motions to dismiss the complaints (CPLR 3211, subd [a], par 7) as motions for summary judgment was not given to the appellants (CPLR 3211, subd [c]), Special Term erred insofar as it purported to treat the motions as ones seeking summary judgment. The complaints do not, however, state legally cognizable causes of action and Special Term properly granted judgments dismissing the complaints. (Appeal from judgment of Oneida Supreme Court — dismiss complaint.) Present — Dillon, P. J., Cardamone, Simons, Doerr and Witmer, JJ.

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— Judgment unanimously affirmed, with costs. Memorandum: Since formal notice that the court intended to treat the motions to dismiss the complaints (CPLR 3211, subd [a], par 7) as motions for summary judgment was not given to the appellants (CPLR 3211, subd [c]), Special Term erred insofar as it purported to treat the motions as ones seeking summary judgment. The complaints do not, however, state legally cognizable causes of action and Special Term properly granted judgments dismissing the complaints. (Appeal from judgment of Oneida Supreme Court — dismiss complaint.) Present — Dillon, P. J., Cardamone, Simons, Doerr and Witmer, JJ.

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Bluebook (online)

73 A.D.2d 811, 423 N.Y.S.2d 856, 1979 N.Y. App. Div. LEXIS 14692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-metropolitan-life-insurance-nyappdiv-1979.

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