On a motion to dismiss made under CPLR 3211(a) or (b)], either party may submit any evidence that could properly be considered on a motion for summary judgment, regardless of whether issue has been joined. If a court intends to treat the motion as one for summary judgment, it must give the parties notice of its intention to do so, pursuant to CPLR 3211(c).
Champion Mtge. Co. v. Antoine, NY Slip Op 01176 (2d Dep't March 8, 2023)
