The defendant moved pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action, or, in the alternative, for summary judgment dismissing the complaint. The Supreme Court treated the motion as one for summary judgment, and granted the motion. The Appellate Division affirmed the determination to treat the defendants motion solely as one for summary judgment, as the parties' submissions demonstrated that they were laying bare their proof and deliberately charting a summary judgment course.
Ain v. Allstate Ins. Co., NY Slip Op 02042 (2d Dep't March 25, 2020)
Here is the decision.
