Opinion
Decided February 10, 1998
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Defendants' jurisdictional defense was insufficiently supported and thus no hearing was warranted. The court also properly treated plaintiff's CPLR 3211 (b) motion as one for summary judgment and there was no need for notice of its intention to do so because there was no factual issue left to be decided by the court, defendants having admitted that they had not paid the common charges plaintiff seeks to recover. We have considered defendants' other contentions and find them to be without merit.
Concur — Milonas, J. P., Wallach, Mazzarelli and Andrias, JJ.