Appellate Division of the Supreme Court of the State of New York June 26, 1979 (Byers v. Baxter)

OPINION OF THE COURT

Silverman, J.

Plaintiff appeals from a judgment and order of the Supreme Court dismissing the complaint on motion. Although the memorandum decision said that the motion pursuant to CPLR 3211 is granted, we think that this was an oversight and that the court was at least also granting the motion for summary judgment under CPLR 3212.