February 28, 2020

CPLR 3211[c].

The Supreme Court may convert a defendant's motion to dismiss into a motion for summary judgment after providing the parties with notice of its intent to treat the motion as one for summary judgment and the opportunity to make supplemental submissions.

Gottlieb v. Colonel, NY Slip Op 01149 (2d Dep't February 19, 2020)

Here is the decision.