On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2023 NY Slip Op. 30167(U), holding that when an issue on a motion to dismiss was one of law, the court could convert the motion to on for summary judgment without notice, explaining:
However, this court is permitted to convert a motion such as this into one for summary judgment pursuant to CPLR 3211(c). Although this typically requires notice to the parties, in this instance, this case contains no factual disputes, and by submitting before the Supreme Court every relevant piece of documentary evidence, along with affidavits of representatives of both parties discussing the application of such evidence, the parties have charted a course for summary judgment.
(Internal quotations and citations omitted).