3040-3042. KENYON & KENYON LLP, plf-ap, v. SIGHTSOUND TECHNOLOGIES, LLC, ETC. def-res, SIGHTSOUND TECHNOLOGIES HOLDINGS, LLC, ETC., def — Schiff Hardin LLP, New York (Louis T. DeLucia of counsel), for ap — Robinson & Cole LLP, New York (Joseph L. Clasen of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered January 26, 2015, which, insofar as appealed from as limited by the briefs, granted defendants SightSound Technologies, LLC (SST), DMT Licensing, LLC (DMT), and General Electric Company’s CPLR 3211 motion to dismiss the conversion and unjust enrichment claims as against General Electric, unanimously reversed, on the law, and the motion denied, with costs. Order, same court and Justice, entered August 25, 2015, which denied plaintiff’s motion to compel production of an unredacted copy of the minutes of the April 26, 2012 meeting of the SST board of representatives or, in the alternative, for an in camera review of an unredacted copy of such minutes, unanimously reversed, on the law, without costs, and the motion granted to the extent of directing that the court conduct an in camera review of the unredacted minutes to determine whether the redacted material is privileged under the common interest doctrine as defined by Ambac Assur. Corp. v. Countrywide Home Loans, Inc. (27 NY3d 616 [2016]). Order, same court and Justice, entered August 2, 2016, which, inter alia, denied plaintiff’s motion for partial summary judgment on its fraudulent conveyance claim, unanimously affirmed, with costs.
The motion court erred in granting defendants’ CPLR 3211(a)(7) motion to dismiss, which was never converted to a motion for summary judgment pursuant to CPLR 3211(c), on the basis of the averments in their supporting affidavit (see Rovello v. Orofino Realty Co., 40 NY2d 633, 635 [1976] ["affidavits received on an unconverted motion to dismiss for failure to state a cause of action are not to be examined for the purpose of determining whether there is evidentiary support for the pleading"]).
