Hosid v. Wilson

Appellate Division of the Supreme Court of New York

Hosid v. Wilson

78 A.D.2d 575, 433 N.Y.S.2d 419, 1980 N.Y. App. Div. LEXIS 12946

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

DecidedSeptember 12, 1980

StatusPublished

This text of 78 A.D.2d 575 (Hosid v. Wilson) 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.

Bluebook

Hosid v. Wilson, 78 A.D.2d 575, 433 N.Y.S.2d 419, 1980 N.Y. App. Div. LEXIS 12946 (N.Y. Ct. App. 1980).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: We agree that Special Term should not have treated defendants’ motion to dismiss for failure to state a cause of action as one for summary judgment in the circumstances of this case (CPLR 3211, subd [c]). The motion was properly denied on the merits, however. (Appeal from order of Onondaga Supreme Court—dismiss complaint.) Present—Dillon, P. J., Cardamone, Simons, Callahan and Witmer, JJ.

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Order unanimously affirmed, with costs. Memorandum: We agree that Special Term should not have treated defendants’ motion to dismiss for failure to state a cause of action as one for summary judgment in the circumstances of this case (CPLR 3211, subd [c]). The motion was properly denied on the merits, however. (Appeal from order of Onondaga Supreme Court—dismiss complaint.) Present—Dillon, P. J., Cardamone, Simons, Callahan and Witmer, JJ.

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Bluebook (online)

78 A.D.2d 575, 433 N.Y.S.2d 419, 1980 N.Y. App. Div. LEXIS 12946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hosid-v-wilson-nyappdiv-1980.