10558. THE 20 PINE STREET HOMEOWNERS ASSOCIATION plf-ap, v. 20 PINE STREET LLC def-res, GIORGIO ARMANI CORPORATION def — Mavronicolas Mueller & Dee LLP, New York (Peter C. Dee of counsel), for ap — Goulston & Storrs, P.C., New York (Jonathan A. Grippo of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered May 16, 2012, which, insofar as appealed from as limited by the briefs, granted, pursuant to CPLR 3211(c), summary judgment dismissing the first and seventh causes of action for breach of contract against defendants-respondents Jeshayau Boymelgreen a/k/a Shaya Boymelgreen, Pinchas Cohen, Richard Marin, Tamir Kazaz, 20 Pine Street Managers, LLC, and AI Properties and Developments (USA) Corp., Africa Israel Investments International 1997 Limited, and Africa Israel Investments Limited (Sponsor’s Principals), the fifth, sixth, thirteenth and seventeenth causes of action against defendantrespondent 20 Pine Street LLC (Sponsor) and Sponsor’s Principals, and the nineteenth cause of action against defendants-respondents Richard Marin, Jim Pershing, Ari Schwebel, Andy Ashwal, Gennyene Brugger, Damien Stein, Andrew Faulds, Gabe Rubin, Rena Batash, Getzy Felig, Paz Kaspi, Lori Levine, Gal Back, Liron Hen-Brenner, Jack Jemal, Joseph Damanti and Adam Bienelpe (Board Members), unanimously modified, on the law, to delete the provision converting defendants’ CPLR 3211(a) motions to dismiss into CPLR 3211(c) motions for summary judgment, and to substitute for the provision granting summary judgment a provision granting the motions pursuant to CPLR 3211(a), and otherwise affirmed, without costs.
The trial court’s “Interim Order,” which notified the parties that the court “may treat all pending motions to dismiss as motions for summary judgment conversion pending consideration of support or opposition by the parties” and invited the parties to submit papers “in support or opposition,” did not provide adequate notice to the parties of the Court’s intention to convert the motions pursuant to CPLR 3211(c). Given this, as well as the fact that none of the exceptions to the notice requirement were applicable (see Wiesen v. New York Univ., 304 AD2d 459, 460 [1st Dept 2003]), the court erred in converting the motions into summary judgment motions. Nonetheless, applying the standards governing a motion to dismiss pursuant to CPLR 3211, dismissal of the challenged claims was appropriate.
