Appellate Division of the Supreme Court of the State of New York November 28, 1995 (Klein v. Martin)

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered July 17, 1995, which, inter alia, granted plaintiffs cross motion to the extent of converting defendants’ motion to dismiss into a motion for summary judgment and granted defendants’ motion for summary judgment, unanimously affirmed, with costs.