Practice point: The court cannot convert a CPLR 3211 motion to dismiss into a CPLR 3212 motion for summary judgment.
Students should note that if plaintiff asserts a Labor Law § 740 cause of action, he waives any other cause of action based on the alleged retaliation.
Case: Garner v. China Natural Gas, Inc., NY Slip Op 02095 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
