N.Y. C.P.L.R. § 3212

Section 3212(e) permits partial summary judgment on liability while remaining issues are resolved at trial.

Sullivan County National Bank v. Lieman · filed 1977-01-27(e)

Accordingly, this court grants plaintiff summary judgment under CPLR 3212 (subd [e]), to the extent it finds that defendant was obligated under the subject promissory note and defaulted in its obligation. This court leaves the questions of: (1) the precise date of the default; (2) the precise interest rate to be applied to the judgment; and (3) the precise value of the attorney’s fees defendant Lieman is obligated to pay, for trial determination.

Section 3212(c) permits a hearing on a remaining factual issue after summary judgment has been granted.

Met Frozen Food Corp. v. National Bank of North America · filed 1977-03-15(c)

The court, therefore, will direct that entry of judgment with respect to the items on ... which summary judgment has been granted shall be held in abeyance pending a hearing on the issue of such payment (CPLR 3212, subd [c]), or the present value of any alternate means of payment.

Section 3212(c) permits summary judgment on liability while damages are assessed at trial.

Troncillito v. Farm Family Mutual Insurance · filed 1977-03-25(c)

Accordingly, he is entitled to judgment on the issue of liability, with $20 costs on the motion, and the ...matter is transferred to Trial Term for an assessment of damages (see CPLR 3212, subd [c]; 22 NYCRR 862.5).

Section 3212(e) permits partial summary judgment on an issue while leaving unresolved issues for trial.

HNC Realty Co. v. Bay View Towers Apartments, Inc. · filed 1977-06-28(e)

Accordingly, the motions of mechanic’s lienors, Simpson Electric Corporation, A. Wachsberger Roofing & Sheet Metal Works, Inc., National Wall Systems, Anthony Perri, Inc., Imperial Sheet Metal Works, Inc., Williamsburg Steel Products Co., Jack Brown, and Atlas Balough Associates, for partial summary judgment are granted to the extent that plaintiff’s building loan mortgage is declared subordinate to movants’ mechanic’s liens subject to proof of the validity of said liens at trial.

Section 3212(c) permits partial summary judgment on an undisputed amount and an immediate trial of the remaining disputed claims.

Apache-Beals Corp. v. International Adjusters, Ltd. · filed 1977-11-04(c)

Inasmuch as no triable question of fact as to plaintiff’s obligation to reimburse Canadian for the conceded amount of $95,700 exists, partial summary judgment should be granted for that amount and an immediate trial held pursuant to CPLR 3212 (subd [c]) to determine the claims concerning additional shortages.

Section 3212(e) permits summary judgment for an admitted portion of a claim even when the party receiving relief did not request it.

Chase v. United Hospital · filed 1977-12-27(e)

Inasmuch as defendant, by affidavit at Special Term, has admitted liability for plaintiff’s claim for unreimbursed expenses not to exceed $300, which claim is part of plaintiff’s first cause of action, we grant plaintiff summary judgment for such expenses despite the fact that such relief was not sought (Sumitomo Shoji N. Y. v Isbrandtsen Co., 23 AD2d 752; CPLR 3212, subd [e]).

Section 3212(e) permits summary judgment on particular causes of action while the remainder of the action is severed.

Gaynor & Company, Inc. v. Stevens · filed 1978-02-27(e)

Order of the Supreme Court, New York County, entered in the office of the clerk on August 5, 1977, denying appellants’ motions pursuant to CPLR 3212 (subd [e]) for summary judgment dismissing the first and second causes of action, which causes are solely directed against them, unanimously reversed, on the law, with $60 costs and disbursements to appellants, and summary judgment is granted in favor of appellants dismissing the first and second causes of action and the remainder of the action is severed.

Section 3212(e) permits partial summary judgment on part of a cause of action when warranted, even if other factual issues require a trial.

Nichols v. Hartford Fire Insurance · filed 1978-03-23(e)

Partial summary judgment, where warranted, may be granted as to a part of a cause of action (CPLR 3212, subd [e]). ... Consequently, partial summary judgment should have been granted declaring the policy to be a valued one.

Section 3212(e) permits partial summary judgment on liability when no triable issue of fact remains on liability, even if other issues require further proceedings.

Chemical Bank v. Battaglia · filed 1978-05-15(e)

Defendants’ liability has been established. There are no triable issues of fact involving the sufficiency of the consideration for the guarantee or the value of the equipment which is the subject of the lease. Accordingly, partial summary judgment should have been granted to the plaintiff on the issue of liability (see CPLR 3212, subd [e]).

Section 3212(e) permits conditions on partial summary judgment when there is an articulable reason to believe that proceeding without them could prejudice the opposing party.

Robert Stigwood Organisation, Inc. v. Devon Co. · filed 1978-06-13(e)

The trial court, and thus the Appellate Division have wide discretion in imposing conditions upon the grant of partial summary judgment so as to avoid possible prejudice to the party against whom that judgment is granted (CPLR 3212, subd [e]). ... Such discretion, however, is not unlimited, and is to be exercised only if there exists some articulable reason for concluding that the failure to impose conditions might result in some prejudice, financial or otherwise, to the party against whom the partial summary judgment is granted should that party subsequently prevail on the unsettled claims (see Siegel, New York Practice, § 285).

Section 3212(e) permits partial summary judgment on an admitted amount while the disputed remainder is severed for trial.

City of New York v. State · filed 1978-08-10(e)

The State has admitted liability in the amount of $1,648,728.61. We therefore render partial summary judgment in that amount and hereby sever that portion of the claim which seeks the remaining $47,964.

Section 3212(c) permits summary judgment on an established issue and an immediate trial of a remaining factual issue.

Scrufari v. Cowdrick · filed 1978-09-22(c)

The judgment appealed from is modified so as to grant summary judgment to defendant-respondent on the question of defendants-appellants’ responsibility for the services performed and the matter is remitted to Special Term for immediate trial pursuant to CPLR 3212 (subd [c]) on the issue of the reasonable value of such services.

Section 3212(g) permits a court to resolve an issue on summary judgment when the opposing party offers no evidence creating a factual dispute.

New York State Urban Development Corp. v. Vanderlex Merchandise Co. · filed 1979-02-05(g)

Under such circumstances, the court will not permit further delay for the purpose of taking depositions and this issue is determined favorably to the plaintiff (CPLR 3212, subd [g]; Yonkers Community Dev. Agency v Morris, 37 NY2d 478, 486, app dsmd 423 US 1010).

CPLR 3212(e) permits dismissal of a damages claim while a viable claim for injunctive relief proceeds.

Malcuria v. Town of Seneca · filed 1979-02-28(e)

We hold that if no notice of claim is filed pursuant to section 52 of the County Law and the complaint seeks both injunctive and monetary relief, the cause of action for damages is subject to severance and dismissal for failure to state a cause of action, leaving a viable cause of action for injunctive relief (CPLR 3212, subd [e]).

Section 3212(c) permits summary judgment on liability while damages are assessed at a further hearing.

Federal Deposit Insurance v. A-Leet Commercial Services, Inc. · filed 1979-05-21(c)

However, the assessment of damages will require a further hearing (see CPLR 3212, subd [c]).

Section 3212(e) permits partial summary judgment on an issue established by the moving party’s evidence when the opposing party offers no contrary proof.

John L. English Wholesale Grocery Co. v. Plaza Super of Malta, Inc. · filed 1979-12-20(e)

In our view, partial summary judgment pursuant to CPLR 3212 (subd [e]) should be granted on the issue of application of the payments. A careful examination of the agreements submitted on the motion by appellant reveals that appellant could allocate payments made by Star Plaza and respondents offered no contrary evidentiary proof. The appellant, therefore, is entitled to partial summary judgment on the first and second causes of action on the issue of the application of payments.

Section 3212(e) permits partial summary judgment dismissing affirmative defenses that are legally insufficient and raise no triable issue of fact.

Barmann's Realty Sales, Inc. v. Kwilecki · filed 1979-12-31(e)

we nevertheless conclude that the court should have proceeded to grant partial summary judgment dismissing defendant’s first and second affirmative defenses (see CPLR 3212, subd [e]) which are insufficient in point of law and as to which no triable issues of fact have been raised.

CPLR 3212(e) permits partial summary judgment on an undisputed part of a single claim and allows that part to be severed.

Levey v. Saphier · filed 1980-03-31(e)

Partial summary judgment is authorized by CPLR 3212 (subd [e]). It may be granted as to part of a single cause of action as well as to separate causes of action, where the claim as to which it is granted is undisputed (see Scher v Apt, 48 AD2d 865).

Section 3212(e) permits summary judgment on one issue while severing another issue for later resolution.

Niagara County v. Utica Mutual Insurance · filed 1980-04-14(e)

Submit order granting summary judgment in favor of the movant, the County of Niagara, on the issue of its entitlement of a defense in the Love Canal litigation from its liability ... insurer, severing pursuant to CPLR 3212 (subd [e]) the issue of indemnity, and denying defendant’s Utica Mutual Insurance Company cross motion to dismiss the complaint.

Section 3212(e) permits summary judgment on one cause of action within a complaint.

McGuinness v. Jakubiak · filed 1980-07-22(e)

CPLR 3212 (subd [e]) permits summary judgment on one cause of action within a complaint.

Section 3212(c) permits a court to grant summary judgment on liability and send the remaining issue of damages to trial.

City of New York v. Local 333 · filed 1980-08-01(c)

In view of the admittedly complex questions as to proof of damages, a trial of that issue is clearly warranted, pursuant to CPLR 3212 (subd [c]).

Section 3212(e) permits partial summary judgment when the movant meets its burden and the opposing parties raise no triable material factual issue.

Marine Midland Bank v. Stein · filed 1980-10-17(e)

Plaintiff has sustained its burden of proving that each of the requirements of section 273 of the Debtor and Creditor Law covering fraudulent conveyances has been met in this case, while defendants have failed to raise any triable, material factual issues undermining this conclusion.

Section 3212 permits partial summary judgment for the nonmoving party while claims with triable factual issues proceed to trial.

Buffalo Seminary v. Tomaselli · filed 1981-01-14(b), (e)

This court thus holds that plaintiff’s claim should be summarily partially dismissed, to the extent described in the instructions below for the order to be prepared herein, and that as to the remaining parts there are triable issues of fact. An order should be prepared accordingly, including substantially the following: that plaintiff’s motion is denied; that pursuant to CPLR 3212 (subdivision [b]), last sentence, and CPLR 3212 (subd [e]), this court grants partial summary judgment in favor of defendants, dismissing the plaintiff’s claim insofar as it seeks to recover for tuition; ... that this court having further found that triable issues of fact do exist relative to plaintiff’s claim for lunch charges (the reasonable value of meals actually served to defendants’ daughter) and relative to plaintiff’s claim for books, lab coat, and gym socks (the reasonable value of so many thereof as have been, if any, retained by defendants’ daughter) plaintiff may file a note of issue for trial of said issues; ... all without costs on this motion to either party.

CPLR 3212(c) permits summary judgment on liability while reserving triable damages issues for a hearing.

AMF, Inc. v. Cattalani · filed 1980-07-10(c)

Order unanimously modified, by deleting the first decretal paragraph and substituting therefor a direction that summary judgment be granted against defendants-appellants, as to liability only, and a hearing granted on damages, pursuant to CPLR 3212 (subd [c]), and otherwise order affirmed, without costs, and judgment entered thereon vacated.

Section 3212(e)(1) authorizes a court to sever a claim when it has no common issues of fact or law with the remaining claims.

Rosen v. Rosen · filed 1980-11-06(e)(1)

CPLR 3212 (subd [e], par 1) specifically gives the court such authority and the record supports Special Term’s finding that there were no common issues of fact or law between the partition action and the other business-related claims.

Section 3212(c) permits summary judgment when the amount of damages remains disputed, with damages assessed at a hearing.

UBC Leasing of New York, Inc. v. Miller · filed 1980-11-06(c)

The only substantial issue raised is as to the amount paid by the debtor in possession to the plaintiff, and the existence of a triable issue of fact as to the extent of the damages shall not bar the granting of summary judgment (CPLR 3212, subd [c]).

Section 3212(e) permits partial summary judgment on part of a single cause of action as well as on separate causes of action.

Sang Moo Cho v. North Shore Flushing, Inc. · filed 1981-03-04(e)

CPLR 3212 (subd [e]) authorizes partial summary judgment, and it expressly applies to part of a single cause of action as well as to separate causes of action.

Section 3212(e) gives the court discretion to enter partial summary judgment while severed causes of action remain pending.

Zarembka v. Zarembka · filed 1981-04-03(e)

Special Term did not abuse its discretion in refusing to hold in abeyance the entry of the summary judgment pending the determination of the remaining severed causes of action (CPLR 3212, subd [e]).

Section 3212(e) permits partial summary judgment on claims that can be resolved while a separate claim with a triable factual issue remains.

Procopio v. Fisher · filed 1981-07-09(e)

Accordingly, partial summary judgment declaring and settling the rights of the parties and dismissing the second and third counterclaims should be granted and these causes of action severed from the cause of action alleged in the first counterclaim (CPLR 3212, subd [e]; see Stigwood Organization v Devon Co., 44 NY2d 922; Siegel, New York Practice, § 285).

Section 3212(e)(1) permits the court to sever a cause of action on which it grants summary judgment and allow entry of judgment.

Board of Education v. Celotex Corp. · filed 1981-05-15(e)(1)

Summary judgment is granted to the movant. The fifth cause of action in the complaint is severed, and the movant may enter judgment accordingly. (CPLR 3212, subd [e], par 1.)

Section 3212 permits partial summary judgment on an established claim and severance of a separate counterclaim.

Dieter v. Dieter · filed 1981-10-30(b), (e)

Accordingly, Special Term erred by not granting plaintiff partial summary judgment in his action to have the contested property returned to him as sole owner (CPLR 3212, subd [b]), and by not severing the defendant’s counterclaim for libel (CPLR 3212, subd [e]).

Section 3212(e)(1) permits summary judgment on a claim while a dissimilar, separable counterclaim proceeds.

Boro Lumber Co. v. S&S Corrugated Paper Machinery Co. · filed 1981-12-28(e)(1)

Since, under the circumstances, the issues involved in the counterclaim are clearly dissimilar and separable from plaintiff’s claim, the latter should have been severed by Special Term and summary judgment granted only as to it (see CPLR 3212, subd [e], par 1; cf. Pease & Elliman v 926 Park Ave. Corp., 23 AD2d 361, affd 17 NY2d 890).

Section 3212(e) permits summary judgment awarding nominal damages on a breach of contract claim when there is no triable issue about damages.

Vanderburgh v. Porter Sheet Metal, Inc. · filed 1982-01-07(e)

In the absence of a triable factual issue on the question of damages, Special Term properly awarded nominal damages on the cause of action for breach of contract (CPLR 3212, subd [e]).

CPLR 3212 permits partial summary judgment when the opposing affidavits raise no factual issue requiring trial.

Spaulding v. Benenati · filed 1982-01-14(b), (e)

Thus, since plaintiff’s opposing affidavits failed to raise issues of fact warranting denial of defendant’s cross motion for partial summary judgment (CPLR 3212, subds [b], [e]), the relief should have been granted.

In matrimonial actions, a motion for partial summary judgment under CPLR 3212(e) must also comply with Domestic Relations Law § 211.

Wegman v. Wegman · filed 1982-02-04(e)

It should be pointed out that in the context of a matrimonial action section 211 of the Domestic Relations Law must be complied with in addition to CPLR 3212.

Section 3212(e) gives courts discretion to deny partial summary judgment.

Leeds v. Leeds · filed 1982-05-04(e)

Although defendant contends that “prejudice” is no ground for denying summary judgment, CPLR 3212 (subd [e]) vests this court with discretion where the judgment sought, as here, is partial (cf. Dalminter, Inc. v Dalmine, S.p.A., 29 AD2d 852, affd 23 NY2d 653), and defendant advances no persuasive argument as to why it should be granted.

Related counterclaims do not bar summary judgment when they lack merit.

Guepet v. International TAO Systems, Inc. · filed 1981-09-24

Normally, because the first and second counterclaims are related to plaintiff’s claim, their imposition might act as a bar to granting of summary judgment. However, plaintiff may still succeed if the counterclaims are shown to be lacking in merit.

Section 3212(e)(1) permits an unrelated counterclaim to be severed and tried separately when summary judgment is granted on the plaintiff’s claims.

Ell-Dorer Contracting Co. v. P. T. & L. Construction Co. · filed 1981-12-31(e)(1)

As this counterclaim is unrelated to plaintiff’s complaint, however, it should be severed and tried separately (CPLR 3212, subd [e], par 1).

Section 3212(c) permits a court to grant summary judgment on liability and defer the assessment of damages until trial of the remaining claims.

Community National Bank & Trust Co. v. Cognetta · filed 1982-06-01(c)

The assessment of damages with respect to the third cause of action, pursuant to CPLR 3212 (subd [c]), shall be deferred until, and held in conjunction with, the trial of the first two causes of action.

Section 3212(e) permits partial summary judgment on liability when the material facts are admitted.

Zimmerman v. State · filed 1982-11-05(e)

The factual determinations before this court have been conceded and admitted; accordingly, there is little for this court to resolve but to grant partial summary judgment on the question of liability only (Lieberman v Larkin, 45 AD2d 965; CPLR 3212, subd [e]).

CPLR 3212(c) permits partial summary judgment on liability without proof of the amount of damages when damages can reasonably be inferred from the breach.

Northway Mall Associates v. Bernlee Realty Corp. · filed 1982-11-18(c)

The point of CPLR 3212 (subd [c]) is precisely to determine all issues except damages on a motion where, as here, it is reasonable to infer that there probably are damages from the breach. The motion for partial summary judgment under that subdivision covering all issues of fact except damages is available without proof on the motion of the amount of damages.

Section 3212(e) permits summary judgment on liability alone while leaving damages for trial.

M. Viaggio & Sons, Inc. v. City of New York · filed 1982-12-06(e)

Order modified, on the law, by directing that summary judgment be granted in favor of the plaintiff on the issue of liability only. ... However, a trial is still required with respect to whether the contractual formula for computing plaintiff’s damages is void and unenforceable.

Section 3212 permits summary judgment on liability alone when the defendant has conceded liability, leaving damages to be determined.

Caesar v. Chemical Bank · filed 1983-02-22

Having conceded liability, plaintiff’s CPLR 3212 motion for summary judgment on the first cause of action is granted on the issue of liability only.

Section 3212(e) permits partial summary judgment on resolved issues while other issues of fact remain for trial.

Dougherty v. 425 Development Associates · filed 1983-05-10(e)

Inasmuch as this is the only aspect of the complaint as to which an issue of fact exists, we award defendants partial summary judgment (see CPLR 3212, subd fe]) on both elements of the notice issue.

Section 3212(c) allows a court to grant summary judgment on a resolved issue and direct trial of a remaining factual issue.

Knoll v. New York Property Insurance Underwriting Ass'n · filed 1983-07-01(c)

The City’s cross motion for summary judgment is granted as to .the substantive issue of the priority of the City’s special lien. On the papers submitted, an issue of fact as to the amount of the special lien remains. Such issues shall be tried expeditiously before a referee. (CPLR 3212, subd [c].)

Section 3212(c) permits summary judgment while leaving damages for later determination.

White v. Massachusetts Casualty Insurance · filed 1983-07-11(c)

Since no other defenses are raised, plaintiff is entitled to summary judgment. We remit the matter for the proper determination of damages (CPLR 3212, subd [c]).

Section 3212 permits summary judgment in matrimonial actions, but a court may deny partial summary judgment on a divorce claim when separating it from unresolved ancillary issues would prolong the litigation.

Finkel v. Finkel · filed 1983-08-05

With the amendment of CPLR 3212", since January 1, 1979, summary judgment has been available to either a plaintiff or defendant in a matrimonial action (Siegel, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3212:7, 1981-1982 Pocket Part, p 92). ... Resolving the divorce cause of action initially cannot eliminate the need for a further trial on the economic issues. In fact, it is likely that both bifurcated proceedings could become bitterly protracted. On the other hand, nonbifurcation in matrimonial actions will result in one proceeding which has a better chance of resolution because of the interaction of all disputed factors upon each other. For these reasons, plaintiff’s motion for bifurcation must be denied.

Section 3212(c)’s exception for disputes about the amount or extent of damages does not cover disputes about entitlement to punitive damages.

Glick v. Nozell · filed 1983-05-25(c)

A motion for summary judgment “shall be denied if any party shall show facts sufficient to require a trial of any issue of fact” (CPLR 3212, subd [b]), except an issue of fact relating to “the amount or extent of damages” (CPLR 3212, subd [c]). Here, the triable issues of fact concerning punitive damages relate not only to the “amount [and] extent” of damages, but also to the plaintiffs’ right to such damages.

Section 3212(e)(1) permits partial summary judgment for the amount the evidence establishes is due, even when the remaining amount is unresolved.

Sawhill Tubular Division Cyclops Corp. v. Lincoln First Bank, N. A. · filed 1983-10-31(e)(1)

Order modified, on the law, by (1) deleting the provision denying plaintiff’s motion for summary judgment in its entirety and substituting therefor a provision granting plaintiff partial summary judgment in the sum of $19,529 and otherwise denying said motion and (2) adding a provision thereto directing that plaintiff join the Estate of Funk as a necessary party to this action.

Section 3212(e) permits entry of partial summary judgment without waiting for ancillary issues to be resolved when no prejudice from immediate entry is shown.

Nemet v. Nemet · filed 1984-02-27(e)

Plaintiff requested that in the event reverse partial summary judgment be granted, the entry of judgment be stayed pursuant to CPLR 3212 (subd [e]), pending determination of all ancillary issues. On the record before us, we see no need to stay the entry of the judgment of divorce. ... In the instant case the record is barren of any proof of attendant prejudice to plaintiff emanating from the immediate entry of partial summary judgment in her favor.

Section 3212 permits partial summary judgment, but a good faith issue requiring an assessment of motives cannot be resolved on papers.

Ebner v. 91st Street Tenants Corp. · filed 1984-03-05(e)

The right of Dr. Gorzynski to practice his profession in that apartment is not a matter on which the court can make a judgment on a motion for partial summary judgment. For one thing, he is not yet a tenant of the premises; for another, if the board of directors will not license such use, its good faith will be an issue. An issue such as good faith cannot be resolved on papers.

Section 3212(e) permits partial summary judgment on claims under one set of contracts despite counterclaims arising from other contracts.

Plymouth Rock Fuel Corp. v. Leucadia, Inc. · filed 1984-04-02(e)

Finally, we note that Talcott’s counterclaims to recover moneys paid by Talcott for fuel oil delivered to Silverman’s home under certain contracts do not preclude the granting of partial summary judgment against Talcott for fuel delivered to the buildings under other contracts (CPLR 3212, subd [e]; see Stigwood Organisation v Devon Co., 44 NY2d 922).

Section 3212(e) permits a court to stay entry or execution of partial summary judgment when substantial counterclaims and the plaintiff’s financial instability could prejudice the defendant.

Elda Development Corp. v. Wall · filed 1984-05-25(e)

Thus, there is an articulable reason for believing that Elda is financially unstable and that unless entry or execution of the judgment is stayed, defendants will be prejudiced by the inability of Elda to satisfy any potential judgment.

Section 3212(e) permits partial summary judgment dismissing claims for specified and distinct categories of damages.

Koch v. Consolidated Edison Co. of New York, Inc. · filed 1984-06-14(e)

Initially we note that procedurally Con Edison may raise challenges in this regard by a motion for partial summary judgment seeking dismissal of claims for specified and distinct categories of damages (CPLR 3212, subd [e]; see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3212:30, p 448).

Section 3212(c) permits summary judgment on liability even when the amount or extent of damages remains for trial.

Novick v. Sun Oil Co. of Pennsylvania · filed 1984-07-16(c)

Moreover, it is well settled that questions relating to the amount or extent of damages do not preclude the granting of summary judgment on the liability question (CPLR 3212, subd [c]; Viaggio & Sons v City of New York, 91 AD2d 607; Lieberman v Larkin, 45 AD2d 965).

CPLR 3212(g) permits partial summary judgment declaring a defense unavailable even when unresolved factual issues prevent judgment on liability.

E. B. Metal & Rubber Industries, Inc. v. County of Washington · filed 1984-07-19(g)

Nevertheless, while the factual issue of the town’s liability is inappropriate as a matter for partial summary judgment, we conclude that partial summary judgment declaring the unavailability of the defense of sovereign immunity with respect to the town’s involvement in the construction and maintenance of the dike is proper (see Siegel, NY Prac, § 285, p 341). Such a declaration is appropriate under CPLR 3212 (subd [g]) and salvages something of value from an otherwise aborted CPLR 3212 motion.

CPLR 3212(g) permits partial summary judgment on an issue established by the motion papers even when other issues remain disputed.

Partis v. Erie Savings Bank FSB · filed 1984-12-14(g)

Sentry specifically averred compliance with the notice requirements of that section in its motion papers; it was therefore proper to grant partial summary judgment with respect to that issue (CPLR 3212, subd [g]; E. B. Metal & Rubber Inds. v County of Washington, 102 AD2d 599).

Section 3212 permits partial summary judgment on a cause of action when no triable issue of fact remains.

Levy v. Herson · filed 1985-03-12

Since the 90-day period has elapsed without either a purchaser having been found or a proper exercise of defendant’s option having been made, no triable issue of fact has been raised and plaintiff is awarded partial summary judgment on the first cause of action.

Section 3212(c) permits summary judgment on a resolved issue even when damages remain for trial.

Heiselman v. Marcus · filed 1985-03-29(c)

What remains to be established is the amount of damages recoverable by the plaintiff. This does not preclude summary judgment with respect to the issue of which party has the superior claim to the boat. Upon completion of any further necessary disclosure proceedings, there shall be an immediate trial to resolve the question of damages, upon the filing of a note of issue and the payment of the appropriate court fees. (CPLR 3212 [c].)

Section 3212(e) permits a court to grant summary judgment on part of a claim.

Raschel v. Rish · filed 1985-04-05(e)

Further, the record does not establish that the hospital failed to furnish skillful care or that it assumed the obligation to obtain plaintiff’s informed consent and partial summary judgment is directed in favor of the hospital (CPLR 3212 [e]).

Section 3212(c) permits partial summary judgment on liability when damages remain to be assessed.

County of Dutchess v. City of Beacon · filed 1985-10-07(c)

At the outset, we note that summary judgment is appropriate at this juncture as there are no disputed factual issues other than the amount of damages (see, CPLR 3212 [c]; Andre v Pomeroy, 35 NY2d 361; Krupp v Aetna Life & Cas. Co., 103 AD2d 252, 261-262; Novick v Sun Oil Co., 103 AD2d 800).

CPLR 3212(e) permits partial summary judgment on some causes of action while claims supported by sufficient factual proof remain pending.

Scheidelman v. Castle · filed 1985-11-15(e)

The allegations of fraud are sufficient ... and the record presents sufficient factual proof to warrant denial of defendants’ motion of summary judgment with respect to the seventh cause of action.

Section 3212(e) permits a court to grant partial summary judgment on individual causes of action to narrow the issues for trial.

Starburst Realty Corp. v. City of New York · filed 1985-12-18(e)

This court also recognizes a need to pare down this complex matter for trial. Therefore, the court will treat the motion as one for summary judgment to the extent of consideration of the validity of each of what the court denominates as plaintiff’s several causes of action. (CPLR 3212 [e].)

Section 3212(c) permits a reference to determine disputed amounts remaining after partial summary judgment.

Bank Leumi Trust Co. v. Sibthorp · filed 1986-01-02(c)

Should dispute arise as to amounts owing under plaintiff’s second cause of action in excess of the $745,000 to which plaintiff has established a clear entitlement, a reference is directed pursuant to CPLR 3212 (c).

Section 3212(c) permits partial summary judgment on liability while damages remain for later determination.

Stanita Realty Corp. v. Hughes Aircraft Co. · filed 1986-01-13(c)

Judgment entered November 14, 1984 reversed, insofar as appealed from, order dated October 24, 1984 vacated, insofar as it denied that branch of plaintiffs’ motion as sought partial summary judgment on their claim for damages for wrongful termination, said branch of plaintiffs’ motion granted, and matter remitted to Special Term for a determination of damages incurred as a result of the wrongful termination of the lease (see, CPLR 3212 [c]).

Section 3212(e)’s 1984 amendment bars reverse partial summary judgment in matrimonial actions, but does not invalidate a decision made before its effective date merely because the judgment was entered later.

Hinden v. Hinden · filed 1986-04-07(e)

We note that the signing and entry of the interlocutory judgment subsequent to ... the effective date of the amendment of CPLR 3212 (e), which proscribes reverse partial summary judgment in matrimonial actions (L 1984, ch 827, eff Aug. 5, 1984), was purely a ministerial act and did not affect the validity of the court’s decision (see, Cornell v Cornell, 7 NY2d 164; Commrade v Commrade, 29 AD2d 870).

CPLR 3212(c) permits a trial on damages after partial summary judgment establishes liability.

New Jersey Bank, National Ass'n v. Varano · filed 1986-05-05(c)

As so modified, order affirmed, with costs to the plaintiff, and matter remitted to the Supreme Court, Kings County, for a trial on the issue of damages, before the court without a jury, in accordance with CPLR 3212 (c).

Section 3212(e) does not allow partial summary judgment on a damages issue when a material question of fact remains for trial.

Cohen v. Brown, Harris Stevens, Inc. · filed 1986-05-23(e)

Whether this change in use was foreseeable on the one hand, or speculative on the other, is a material question of fact not capable of resolution on this motion. It is properly left to a determination by the Trial Judge after the evidence on these questions has been presented.

Section 3212(c) permits an immediate hearing on damages when summary judgment resolves liability.

Empire Mutual Insurance v. Applied Systems Development Corp. · filed 1986-07-31(c)

... (1) granting plaintiff’s cross motion for summary judgment on the issue of liability; (2) severing defendant’s counterclaims; and (3) directing an immediate hearing on the issue of plaintiff's damages ... pursuant to CPLR 3212 (c), without prejudice to defendant undertaking further disclosure proceedings, if so advised, with leave of the court.

CPLR 3212 permits summary judgment on liability when no triable issue remains, even if damages require an inquest.

Dillon v. Castelli · filed 1986-09-12

Therefore, with respect to the issue of defendant’s liability summary judgment is granted. Should it become necessary to establish damages due to the unavailability of the subject vehicle, inquest will be held to determine the value of the vehicle at the time the crime was committed as well as any appreciation in value to date of inquest.

Section 3212(b) permits partial summary judgment on liability when no triable issue of fact remains as to liability, even though damages remain to be determined.

Rea v. Pardo · filed 1986-10-01(b)

Further, it appears that there are no triable issues of fact, except as to damages, as to the causes of action not hereby dismissed. Therefore, partial summary judgment thereon is accordingly granted as to liability, in favor of the plaintiff and against the defendants (CPLR 3212 [b]).

Section 3212 permits partial summary judgment on liability when only the amount of damages remains in dispute.

Telmark, Inc. v. Lavigne · filed 1986-11-10(c), (e)

There being no issue other than the amount of damages, plaintiff is entitled to partial summary judgment on the issue of liability and the matter is remitted to Onondaga County Supreme Court for an assessment of damages (see, CPLR 3212 [c], [e]; Chrysler Credit Corp. v Mitchell, 94 AD2d 971; Flickinger Co. v 18 Genesee Corp., 71 AD2d 382, 385-386).

Section 3212(e) permits a court to sever a cause of action granted summary judgment from remaining unresolved causes of action.

Fourteen Sharot Place Realty Corp. v. Miceli · filed 1986-12-31(e)

We further find that the specific performance claim was properly severed from the remaining unresolved issues involved in the summary dispossess proceeding.

Section 3212(e) permits summary judgment on one claim while other claims remain for later proceedings.

East River Savings Bank v. Cerullo Motors, Inc. · filed 1987-02-18(e)

Accordingly, and since no party has requested any relief with respect to Alden’s cause of action, only plaintiff’s claim will be considered here (cf., Pease & Elliman v 926 Park Ave. Corp., 23 AD2d 361, affd 17 NY2d 890; cf., also, CPLR 3212 [e]).

Section 3212(b) permits partial summary judgment on liability when no issues of fact or meritorious defenses remain.

Peoples National Bank v. Weiner · filed 1987-04-27(b)

We agree with the plaintiff that it was entitled to partial summary judgment on the issue of liability as there are no issues of fact to be determined and no meritorious defenses (CPLR 3212 [b]; Northway Mall Assocs. v Bernlee Realty Corp., 90 AD2d 739).

Section 3212(c) permits partial summary judgment on liability when only the amount of damages remains to be determined.

PBN Associates v. Xerox Corp. · filed 1987-07-01(c)

The first issue this court must decide is whether, under CPLR 3212 (c), a motion for summary judgment can be granted solely on the issue of liability, where there are no factual issues to be resolved other than damages. ... Therefore, plaintiff’s motion can be granted, but the court must now determine if it is proper to do so.

Section 3212(e) permits partial summary judgment on liability while issues concerning damages remain for trial.

Chrysler Credit Corp. v. Kosal · filed 1987-07-27(e)

Accordingly, it was proper to grant partial summary judgment on the issue of liability under the guarantee (see, CPLR 3212 [e]; New Jersey Bank v Varano, 120 AD2d 505).

Section 3212(g) permits a court to establish a fact on a summary judgment motion even when other issues remain unresolved.

Turiano v. State · filed 1987-07-31(g)

Correlatively, we do not consider the record sufficient to allow a complete determination of any effect of the applicable Statute of Limitations, except there is sufficient proof to permit the court to find (see, e.g., 1A Warren’s Weed, op. cit., Construction § 1.03) that the grant, as extended by the State, by its terms precluded any possible breach of the condition until after July 1, 1977 (see, CPLR 3212 [g]).

Section 3212(g) permits partial summary judgment on damages, leaving a breach of contract claim open for nominal damages when compensatory damages cannot be recovered.

Hirsch Electric Co. v. Community Services Inc. · filed 1987-08-17(g)

Pursuant to CPLR 3212 (g) the plaintiff is not entitled to compensatory damages; at most, if a breach of contract is proven, it will be entitled to nominal damages.

CPLR 3212 permits a court to grant summary judgment on part of a claim while leaving other claims unresolved.

Zivian v. McNulty · filed 1988-01-11(e), (g)

The Supreme Court should have dismissed so much of the first cause of action as was for recovery of loss of profits. We have, therefore, modified the order to the extent indicated (see, CPLR 3212 [e], [g]; see, Tow v Moore, 24 AD2d 648).

Section 3212(e)(2) permits a court to stay execution of partial summary judgment while other claims remain unresolved.

Levy v. Renck · filed 1988-02-25(e)(2)

Accordingly, we exercise our discretion (CPLR 3212 [e] [2]), and stay execution of partial summary judgment.

Section 3212 permits partial summary judgment on liability when the opposing party offers no admissible evidence raising a material factual dispute.

Alderman v. State · filed 1988-03-30

More to the point, defendant does not show, by evidentiary proof in admissible form, that there is doubt regarding these material issues of fact. ... Claimant’s motion is granted and the Chief Clerk is directed to enter partial summary judgment in favor of claimant on the issue of liability as to that portion of the claim alleging a violation of section 240 (1) of the Labor Law.

Section 3212(e) permits a court to grant partial summary judgment on a cause of action.

Cohen v. Metropolitan Life Insurance · filed 1988-08-10(e)

Accordingly, the cross motion of plaintiffs is granted to the extent of granting partial summary judgment in their favor (CPLR 3212 [e]) against Metropolitan on the first cause of action to the extent of declaring that Metropolitan’s refusal to reimburse optometrists for diagnostic office visits for services which, if rendered by participating ophthalmologists, would otherwise be reimbursed, is violative of the Freedom of Choice Law (Insurance Law § 4235 [f]). In all other respects, plaintiffs’ cross motion for summary judgment is denied without prejudice.

Section 3212(c) permits a summary judgment disposition that places part of the purchase price in escrow pending resolution of a related action.

Lau v. Rossi · filed 1989-05-25(c)

Since plaintiffs were clearly entitled, to conveyance of the property on tender of the option price of $95,000, Supreme Court’s disposition, providing for such payment, but holding $10,000 thereof in escrow pending determination of the companion action, was appropriate (see, CPLR 3212 [c]).

CPLR 3212(e) allows an appellate court to grant partial summary judgment to a party who sought complete summary judgment in the trial court.

Serrano v. City of New York · filed 1989-05-30(e)

We have held in Sumitomo Shoji N. Y. v Isbrandtsen Co. (23 AD2d 752 [1st Dept 1965]) that, pursuant to CPLR 3212 (e), this court can grant partial summary judgment to a party who moved for complete summary judgment in the trial court.

Section 3212 permits partial summary judgment on admitted facts, but requires a prima facie showing for the rest of the claim.

County of Nassau ex rel. Nassau County Planning Commission v. Eagle Chase Associates · filed 1989-06-07

Branch (3) of the plaintiff’s motion is granted in part and is denied in part. Since the defendant admits in its answer that 16 units "had been transferred, sold, agreed to be sold, offered or advertised for sale, as of the date of [the] Planning Commission approval”, the plaintiff is awarded judgment against the defendant in the sum of $8,000. The penalty is assessed at $500 for each unit. As to the remaining 83 units, the plaintiff has not made a prima facie showing.

Section 3212 permits partial summary judgment on liability when the amount of damages remains unresolved.

Columbia Terrace Development Corp. v. Brown · filed 1989-09-11

The proper amount of the judgment, however, has not been established. The plaintiff is accordingly granted partial summary judgment on its second and third causes of action and the matter is remitted to the Supreme Court for trial, following appropriate discovery, on the issue of damages.

Section 3212(g) allows a court to decide issues established as a matter of law even when other factual disputes prevent full summary judgment.

Kamyr, Inc. v. St. Paul Surplus Lines Insurance · filed 1989-11-22(g)

we will exercise our discretion under CPLR 3212 (g) and declare that plaintiffs’ March 10, 1986 notice to St. Paul and St. Paul’s disclaimer were both untimely.

Section 3212(e)(2) permits a court to withhold entry of partial summary judgment when an unresolved counterclaim creates an apparent risk of prejudice to the opposing party.

Trans World Maintenance Services, Inc. v. Luna Park Housing Corp. · filed 1990-01-25(e)(2)

There is a recognized basis for withholding entry of a partial summary judgment when there is a counterclaim to be resolved and when there is a reason, apparent from the record, for concluding that if the partial summary judgment were to be entered, it might result in some prejudice, financial or otherwise, to the party against whom the partial summary judgment is granted if the party subsequently prevails on its unsettled claims.

Section 3212 permits partial summary judgment when there are no triable issues of fact.

Towers Organization, Inc. v. Glockhurst Corp. · filed 1990-04-24(b), (e)

Partial summary judgment may be granted where there exist no triable issues of fact (CPLR 3212 [b], [e]).

CPLR 3212(c) permits summary judgment on liability while questions about damages are resolved at an immediate hearing.

State v. Charter Craft Corp. · filed 1990-11-01(c)

Because defendant has raised questions concerning the fair market value of the rent for the premises, we believe that an immediate hearing to determine damages is appropriate (see, CPLR 3212 [c]; State of New York v Como Meat Packers, 124 AD2d 902, 903).

Section 3212(e) permits partial summary judgment when no triable issue of fact or need for additional discovery justifies denying the motion.

ARC Municipal Securities Corp. v. Kleinberg, Kaplan, Wolff & Cohen, P. C. · filed 1991-03-07(e)

No triable issue of fact was raised, nor was it demonstrated that there was a need for additional discovery justifying denial of the motion (see, Poluliah v Fidelity High Income Fund, 102 AD2d 720).

Section 3212(g) permits partial summary judgment when the record warrants it, even in favor of a party who did not formally move for that relief.

Tele-Pac, Inc. v. Grainger · filed 1991-05-30

We grant partial summary judgment in defendant’s favor so declaring. ... Although defendant never formally moved for such relief, he requested the same in his responsive papers and does so again on appeal. In any event, a motion for summary judgment searches the record and judgment may be awarded where appropriate.

CPLR 3212(b) and (e) permit partial summary judgment on an issue that is solely a question of law.

Harper v. Lumbermen's Mutual Casualty Co. · filed 1991-06-07(b), (e)

Because this issue is solely a question of law, we grant plaintiffs partial summary judgment declaring that obligation (see, CPLR 3212 [b], [e]).

Section 3212(e)(2) permits a court to stay execution of partial summary judgment while counterclaims seeking a greater amount remain unresolved.

Tucciarone v. Automobile Club of Syracuse, Inc. · filed 1991-07-12(e)(2)

We modify the order, however, in the exercise of our discretion (see, CPLR 3212 [e] [2]), to stay execution of partial summary judgment pending resolution of defendant’s counterclaims which seek damages in excess of the amount sought in plaintiff’s fourth cause of action.

Section 3212(e)(2) permits the court to stay entry of partial summary judgment while remaining claims are determined.

Del Monte Corp. v. Mercantum (U.S.) Corp. · filed 1991-07-25(e)(2)

Because the second cause of action for an account stated and the counterclaims have been severed, entry of the partial summary judgment should be stayed (CPLR 3212 [e] [2]; Stern v Stern, 41 AD2d 676).

Section 3212 permits partial summary judgment limiting the damages to be considered at trial when the opposing party offers no evidence supporting additional damages.

Thompson v. Community Health Plan · filed 1991-10-31(e), (g)

Nevertheless, we are of the view that defendants are entitled to partial summary judgment limiting plaintiff’s recovery, in the event that defendants’ liability is established at trial, to damages sustained prior to the date of the operation (see, CPLR 3212 [e], [g]).

Section 3212(e) permits summary judgment on part of a cause of action when that part can be resolved as a matter of law.

Landsman v. Tonawanda Publishing Corp. · filed 1992-10-07(e)

Thus, defendant is entitled to summary judgment dismissing so much of plaintiff’s first cause of action as seeks damages for the reference to Michael Landsman, Jr., as the man charged with sodomy (see, CPLR 3212 [e]).

CPLR 3212(c) permits partial summary judgment on liability and an immediate trial on damages when the amount owed remains disputed.

F.N.S. Atlantic Co. v. City of New York · filed 1994-02-15(c)

Order, Supreme Court, New York County (Salvador Collazo, J.), entered May 24, 1993, denying plaintiff’s motion for partial summary judgment on the first cause of action for the fair rental value or use and occupancy of premises located at 2550 Atlantic Avenue, Brooklyn, unanimously reversed, on the law, without costs or disbursements, to the extent of granting plaintiff partial summary judgment with respect to the City’s liability for use and occupancy and remanding the matter for an immediate trial on the issue of damages and to the further extent of dismissing the balance of the first cause which purports to state a cause of action for breach of contract.

Section 3212(e) permits partial summary judgment on liability when no material fact remains in dispute, leaving damages for trial.

Foresee Corp. v. Pergament Enterprises of S. I. · filed 1993-11-22(e)

Thus, there are no triable issues of material fact, and partial ... summary judgment on the issue of liability is appropriate (see, CPLR 3212 [e]; see also, Peoples Sav. Bank v County Dollar Corp., 43 AD2d 327, 329, 334, affd 35 NY2d 836).

Section 3212(b) permits a court to grant partial summary judgment to a party that did not move for summary judgment.

Council of New York v. Giuliani · filed 1994-12-21(b)

It is adjudged that pursuant to CPLR 3212 (b) plaintiff is granted partial summary judgment on the alternative relief sought in the first cause of action of its complaint to the extent that budget modification proposal MN-9 is declared disapproved.

Section 3212(c) permits summary judgment on liability while unresolved damages are assessed separately.

Republic of Haiti v. Duvalier · filed 1995-05-09(c)

Finally, although plaintiff has established a prima facie case as to defendant’s liability for conversion of Haitian state funds, warranting summary judgment as to that issue, questions remain as to damages, e.g., the total amount of state funds ultimately possessed by defendant without authorization along with interest due, and we must remand to the IAS Court for assessment thereof pursuant to CPLR 3212 (c).

Section 3212(c) does not warrant dismissing a damages claim when the existence of damages is established but their amount remains uncertain.

Manufacturers & Traders Trust Co. v. Bittorf · filed 1995-06-13(c)

Nor should dismissal have been premised on the assertion that the damages claimed due to the decline in value of the mortgaged property were speculative, since the only question was as to the amount, not the existence, of the damages (see, CPLR 3212 [c]; Sterone Corp. v Smith, 28 AD2d 524).

Section 3212(e) permits a court granting partial summary judgment to stay execution pending resolution of remaining claims to avoid prejudice.

Moody v. Monacelli · filed 1996-03-14(e)

Pursuant to CPLR 3212 (e), Supreme Court was vested with the discretion to impose such conditions upon the partial grant of summary judgment to defendant, including a stay of execution pending resolution of the remaining claims or counterclaims, as to avoid possible prejudice, financial or otherwise, to plaintiff (see, Stigwood Organisation v Devon Co., 44 NY2d 922, 923).

Section 3212(e)(1) permits summary judgment on a separable claim despite factual disputes over distinct counterclaims.

Valley Savings Bank v. Rose · filed 1996-06-24(e)(1)

Since the issues involved in the counterclaims are wholly dissimilar and separable from the Bank’s foreclosure action, the foreclosure action should have been severed by the Supreme Court and summary judgment granted to the Bank in that action only (see, CPLR 3212 [e] [1]; see generally, Northeast Sav., F. A. v Rodriguez, 159 AD2d 820).

Section 3212 permits partial summary judgment when conflicting affidavits leave factual questions on other claims.

United Stationers Supply Co. v. Forsythe · filed 1996-10-25

Conflicting affidavits have been submitted on this motion raising fact questions as to whether or not there was a balance due. Blair’s cross motion for summary judgment can, therefore, be granted only in part.

Section 3212(e) permits partial summary judgment on a supported issue of liability when the opposing papers raise no triable issue of fact.

Boyer v. Werner · filed 1997-04-24(e)

Reviewing defendants’ responsive papers only to determine whether a triable issue of fact was raised to challenge defendants’ liability in connection with the sale of Evergreen, we conclude that partial summary judgment was warranted (see, CPLR 3212 [e]; Padula v Lilarn Props. Corp., 84 NY2d 519; Gage v Raffensperger, 234 AD2d 751; Kellar v Mid-Hudson Coop. Ins. Co., 233 AD2d 568, appeal dismissed, lv dismissed 89 NY2d 982).

Section 3212(g) does not require summary judgment on particular alleged defects merely because the plaintiffs did not justify them in discovery responses or opposition to the motion.

Gordon v. Ford Motor Co. · filed 1997-05-06(g)

Concerning the express warranty claim, we reject defendant’s argument, at this juncture, that it should be granted summary judgment as to those particular alleged defects that plaintiffs made no attempt to justify either in their discovery responses or opposition to the instant motion (see, CPLR 3212 [g]).

CPLR 3212(e) permits partial summary judgment on liability when the opposition raises no triable issue of fact.

Augello v. Denigris · filed 1997-05-12(e)

The affirmation prepared by the defendants’ expert which was submitted in opposition to the plaintiff’s motion presented no triable issues of fact as to whether the defendant Joseph Denigris was negligent in falling asleep at the wheel of an automobile while driving (cf., Harvey v Dileno, 35 AD2d 668; Cicero v Clark, 23 AD2d 583).

Section 3212(e)(2) permits a court to stay enforcement of partial summary judgment pending determination of a remaining claim.

Padell Nadell Fine Weinberger & Co. v. Midtown Realty Co. · filed 1997-12-18(e)(2)

The IAS Court properly granted the landlord summary judgment on its counterclaim for base rent, and properly exercised its discretion in staying enforcement thereof pending determination of the tenant’s sole remaining claim (CPLR 3212 [e] [2]).

CPLR 3212(b) permits partial summary judgment on liability when the movant establishes entitlement to judgment as a matter of law and the opponent offers no evidence of a triable issue of fact.

Staten Island Boat Sales, Inc. v. Piscopio · filed 1998-12-16(b)

The plaintiff has demonstrated its entitlement to judgment in its favor on the issue of liability as a matter of law (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). In response, the defendant failed to proffer any evidence to show the existence of triable issues of fact. Under the circumstances, partial summary judgment on the issue of liability was properly granted to the plaintiff.

Section 3212(e) does not permit partial summary judgment on breach of duty when a factual dispute leaves the existence of that duty unresolved.

Denman v. Coppola General Contracting Corp. · filed 1998-12-30(e)

We disagree. It seems self-evident that in order to have a breach of duty, there must first be established that such duty exists. Inasmuch as all parties agree that there is a question of fact as to whether defendant erected the stairway in question, there necessarily is a question of fact as to whether defendant owed, a duty to plaintiff. That being so, it is not possible, at this juncture, to determine summarily that defendant breached such duty.

CPLR 3212(b) permits partial summary judgment on liability when the material facts establishing liability are undisputed.

Renali Realty Group 3 v. Robbins MBW Corp. · filed 1999-03-22(b)

Contrary to the defendant’s contention on appeal, since it is undisputed that it ceased to pay the rent and failed to comply with the conditions precedent to subleasing the premises, the court did not err in determining that the plaintiff was entitled to partial summary judgment on the issue of liability (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562; Holy Props. v Cole Prods., 87 NY2d 130, 134; 510 Joint Venture v Solcoor, Inc., 177 AD2d 465).

Section 3212(e) permits partial summary judgment on a cause of action or part of one, but does not authorize judgment on a damages allegation in a bill of particulars.

Ray v. Hertz Corp. · filed 1999-10-14(e)

Because the claim of special damages for loss of future earnings is “particularized” in plaintiffs bill of particulars and not her complaint, as it is required pursuant to CPLR 3041 and 3043 (a) (9), defendants’ motions are addressed to the allegations of the bill of particulars and not to “causes of action, or part thereof,” as CPLR 3212 (e) provides (emphasis added). However, the CPLR does not authorize any motion for judgment based on the allegations of a bill of particulars.

CPLR 3212(b) permits partial summary judgment on liability when there is no triable issue of fact.

Montero v. Muller · filed 2000-02-28(b)

Under the circumstances of this case, where, inter alia, it is undisputed that the defendant Donald Muller was intoxicated at the time that the motor vehicle he was operating crossed over to the wrong side of the road and struck the plaintiff, there exist no triable issues of fact (see, CPLR 3212 [b]) as to whether that defendant’s negligence was the sole proximate cause of the accident.

CPLR 3212(e) gives courts discretion to require an undertaking as a condition of partial summary judgment when enforcement is stayed pending resolution of remaining claims.

Ren Hoek Realty, Inc. v. Fabricon Design Group, Inc. · filed 2000-07-03(e)

CPLR 3212 (e) affords the court “wide discretion in imposing conditions upon the grant of partial summary judgment” (Stigwood Organisation v Devon Co., 44 NY2d 922, 923). Among the conditions which may be imposed is a requirement that an undertaking be posted as security for an order granting partial judgment where enforcement of that order has been stayed pending resolution of the remaining claims and counterclaims in the action (see, Curry Rd. v Rotterdam Realties, 195 AD2d 780, 781; Dalminter, Inc. v Dalmine, S.p.A., 29 AD2d 852). Under the circumstances of this case, however, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion to require the defendant to post an undertaking (see, Curry Rd. v Rotterdam Realties, supra).

CPLR 3212 permits partial summary judgment on liability when the opposing party fails to raise a factual issue.

Pratz v. Wayne Cooperative Insurance · filed 2001-04-18

“[T]he unsubstantiated, and plainly self-serving, [affidavit of Mr. Rice] who state [s] that had the company been fully informed of the facts, it would not have issued the policy” (Olezeski v Finger Lakes-Seneca Coop. Ins. Co., 218 AD2d 841, 842 [3d Dept 1995]) is simply inadequate to raise a question of fact. ... Partial summary judgment is granted to the plaintiff, as administrator for the estate of Charles R Pratz, as to liability by defendant for the loss of the real estate and one half of the value of the personal contents in the house.

Partial summary judgment on liability establishes the necessary elements of the claim as a matter of law.

Adelman v. Adelman · filed 2002-04-18(b), (e)

As noted above, plaintiff was granted summary judgment on the issue of liability on her wrongful death claim. The necessary elements to sustain such cause of action were thus established as a matter of law (see, CPLR 3212 [b], [e]).

Section 3212 permits summary judgment on liability while factual disputes about damages remain for trial.

Career Blazers of White Plains Inc. v. Northern Homefunding Corp. · filed 2003-01-02

Plaintiff, a temporary employment agency, moves pursuant to CPLR 3212 for an order granting summary judgment in the amount of $9,320.20 based upon breach of a time sheet agreement. For the reasons that follow, partial summary judgment is granted in favor of plaintiff on the issue of liability. The balance of the motion is denied in its entirety. ... Although there is no question that defendant breached the terms of the time sheet agreement, issues of fact do exist regarding the measure and extent of damages to which plaintiff may be entitled.

Section 3212(e) permits partial summary judgment when the record supports judgment on part of a claim.

Robert P. Lynn, Jr., LLC v. Purcell · filed 2005-12-05(e)

The court has searched the record pursuant to CPLR 3212 (e) and finds consistent with the foregoing finding that the fee agreement is unenforceable pursuant to DR 2-107, and in accordance with plaintiffs tender of payment of disbursements which are the subject of the second counterclaim, partial summary judgment is granted on the second counterclaim.

CPLR 3212(e) permits summary judgment on liability when the opposing party raises no triable issue of fact.

Mateiasevici v. Daccordo · filed 2006-11-21(e)

Accordingly, there being no triable issues of fact raised by the defendants, the Supreme Court properly granted the plaintiffs’ motion for summary judgment on the issue of liability (see CPLR 3212 [e]).

Section 3212(e) permits summary judgment dismissing an individual cause of action.

Kaplan v. Village of Ossining · filed 2006-12-26(e)

The Supreme Court improvidently exercised its discretion in denying that branch of the defendants’ motion which was for ... summary judgment dismissing the third cause of action (see CPLR 3212 [e]) and granting the plaintiffs’ cross motion to voluntarily discontinue that cause of action without prejudice (see CPLR 3217 [b]).

Section 3212(c) permits partial summary judgment on liability and an immediate trial on unresolved damages.

Franco v. Piccilo · filed 2008-03-14(c)

We therefore modify the judgment by denying the motion in part, providing that plaintiff is granted partial summary judgment on liability only on the second cause of action and vacating the last decretal paragraph, and we remit the matter to Supreme Court for an “immediate trial” on the issue of damages (CPLR 3212 [c]; see generally Riluc Co. v Reliance Ins. Co. of N.Y. [appeal No. 2], 181 AD2d 1048 [1992]).

Section 3212 permits partial summary judgment on liability when the remaining factual dispute concerns the extent of damages.

Donald v. State · filed 2009-02-05

Defendant’s assertion that claimant has not proven actual incarceration as a result of the illegally imposed PRS is thus insufficient to defeat claimant’s motion for summary judgment as to defendant’s liability for wrongful confinement (as opposed to contesting the extent of damages arising from the wrongful confinement). ... In view of the foregoing, claimant is granted summary judgment as to defendant’s liability for the wrongful confinement of claimant, directly resulting from the unlawful administrative addition of postrelease supervision to claimant’s sentence.

CPLR 3212(e) requires partial summary judgment to conclusively dispose of at least part of a cause of action; CPLR 3212(g) permits the court to identify undisputed facts when a motion seeking such judgment is denied or granted in part.

B.Y., M.D., P.C. v. Government Employees Insurance · filed 2010-01-28(e), (g)

The branch of plaintiffs’ motion seeking “partial summary judgment” pursuant to CPLR 3212 (e) was properly denied as the relief requested would not conclusively dispose of the merits of plaintiffs’ first cause of action or even a part of that cause of action (see CPLR 3212 [e]). ... As the court did not deny, or grant in part, a motion which sought summary judgment conclusively disposing of the merits of plaintiffs’ cause of action, plaintiffs’ motion seeking a limitation of issues of fact for trial pursuant to CPLR 3212 (g) was properly denied (see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3212:35; see generally E.B. Metal & Rubber Indus. v County of Washington, 102 AD2d 599 [1984]).

Section 3212(e) permits a court to resolve issues with no remaining factual dispute even when another issue must be decided at trial.

Pyramid Brokerage Co. v. Zurich American Insurance · filed 2010-03-19(e)

Neither in opposition to the motion nor in support of their cross motion did defendants address the alleged breach of contract in the event that an oral agreement was made, and they also did not address the specified damages. We thus conclude that the court properly determined that there were no remaining issues of fact in the event that there was an oral agreement (see CPLR 3212 [e]; see also Levey v Saphier, 74 AD2d 918, 919 [1980]).

CPLR 3212 (e) permits partial summary judgment when the movant establishes entitlement to judgment as a matter of law.

Estee Lauder Inc. v. OneBeacon Insurance Group, LLC · filed 2011-01-21(e)

As Lauder failed to establish its entitlement to judgment as a matter of law on its attorneys’ fees claim, partial summary judgment pursuant to CPLR 3212 (e) and 3001 is denied.

Section 3212 permits summary judgment on liability while leaving unresolved damages for later determination.

Burlew v. Talisman Energy USA Inc. · filed 2011-02-15

As this narrow issue is ambiguous and cannot be resolved on the papers before the court, summary judgment is denied on the amount of damages pending resolution of the ambiguity. The remainder of the Moore plaintiffs’ motion for summary judgment as to liability is granted.

Section 3212(e) permits partial summary judgment dismissing one statutory basis for a cause of action while another remains.

Hillside Manor Rehabilitation & Extended Care Center, LLC v. Dallu · filed 2011-08-05(e)

As Debtof and Creditor Law § 273 makes no provision for those who become creditors after the alleged fraudulent transfer ... the Civil Court should have granted Menawatie partial summary judgment dismissing so much of the fourth cause of action as seeks to recover under that section (see CPLR 3212 [e]).

CPLR 3212(e) permits partial summary judgment only when the requested relief conclusively resolves a cause of action or part of one.

Man Choi Chiu v. Chiu · filed 2012-02-28(e)

Since the relief requested would not conclusively dispose of the merits of the first cause of action, or any part of that cause of action, that branch of the defendant’s motion which is at issue on this appeal was properly denied (see CPLR 3212 [e]; B.Y., M.D., P.C. v Government Empl. Ins. Co., 26 Misc 3d 95, 96 [2010]; see also 6B Carmody-Wait 2d § 39:173).

Section 3212 permits partial summary judgment on liability when the moving party establishes entitlement to judgment as a matter of law.

Keller v. Kruger · filed 2013-03-14

Accordingly, the branch of plaintiffs’ motion for an order, pursuant to CPLR 3212, granting them partial summary judgment on the issue of liability as against defendant Douglas Kruger is granted.

Under CPLR 3212(e)(2), a court may hold entry of partial summary judgment in abeyance pending remaining claims only when it has an articulable reason to conclude that the opposing party might otherwise suffer prejudice.

AYERS, THOMAS D. v. SNYDER CORP. · filed 2015-02-06(e)(2)

With respect to the stay, CPLR 3212 (e) (2) provides that, where the court grants partial summary judgment to a party, the court may also direct that “the entry of summary judgment shall be held in abeyance pending the determination of any remaining cause of action.” The court’s discretion, however, “is not unlimited, and is to be exercised only if there exists some articulable reason for concluding that the failure to impose conditions might result in some prejudice, financial or otherwise, to the party against whom the partial summary judgment is granted should that party subsequently prevail on the unsettled claims” (Robert Stigwood Org. v Devon Co., 44 NY2d 922, 923). Here, as the court properly determined, defendants sustained no damages as a result of plaintiff’s alleged misconduct, and, thus, there is no basis upon which to stay enforcement of the judgments entered in favor of plaintiff.

Section 3212(c) permits summary judgment on liability even when factual disputes remain about damages.

Guidice v. Patterson Oil · filed 2016-01-04(c)

But these issues of fact go to damages, not liability. “[I]t is well settled that questions relating to the amount or extent of damages do not preclude the granting of summary judgment on the liability question.”

Section 3212 permits partial summary judgment when a party establishes entitlement to judgment and the opposing party fails to raise a triable issue.

National Union Fire Insurance v. TransCanada Energy USA, Inc. · filed 2016-03-02

As the insurers fail to establish that these exclusions bar coverage for TransCanada’s lost capacity sales, TransCanada is entitled to partial summary judgment on these claims to the extent of declaring that its lost capacity sales are covered under the policy.

CPLR 3212(g) permits an order establishing plaintiffs’ absence of liability even when factual disputes preclude summary judgment on defendants’ liability.

Huerta-Saucedo v. City Bronx Leasing Inc. · filed 2017-02-28(g)

Accordingly, plaintiffs were entitled only to an order finding that their absence of liability was established (id.; CPLR 3212 [g]).

CPLR 3212(e) permits partial summary judgment on liability when the movant establishes entitlement to judgment and the opposing party raises no triable issue of fact.

Picard v. Bigsbee Enters., Inc. · filed 2017-05-23(e)

Under the circumstances, the Presumption Subclass is entitled to partial summary judgment on the issue of liability with respect to private events where the invoices included a dollar amount for the service charge.

Section 3212 does not require a plaintiff seeking partial summary judgment on a defendant’s liability to prove the absence of the plaintiff’s comparative fault.

Rodriguez v. City of New York · filed 2018-04-03(b)

To be entitled to partial summary judgment a plaintiff does not bear the double burden of establishing a prima facie case of defendant’s liability and the absence of his or her own comparative fault.

Section 3212(g) permits summary judgment on a specific factual issue while other issues remain unresolved.

14th St. Med., P.C. v. Epstein · filed 2021-03-16(g)

Thus, plaintiff is only entitled to summary judgment on the factual issue actually and necessarily decided in the court's prior order, which is that defendant resigned from her position and was not terminated ( see CPLR 3212[g]).

CPLR 3212(e) permits partial summary judgment dismissing specific categories of damages.

American Infertility of N.Y., P.C. v. Verizon N.Y., Inc. · filed 2021-06-08(e)

Furthermore, contrary to plaintiffs' contention, the motion court was entitled pursuant to CPLR 3212(e) to dismiss specific categories of damages ( see Koch v Consolidated Edison Co. of N.Y. , 62 NY2d 548, 560 [1984]; see e.g. Ashland Mgt. v Janien , 82 NY2d 395, 405 [1993]; David D. Siegel, Practice Commentaries, McKinney's Cous Laws of NY CPLR C3217:30).

Section 3212(e)(1) permits severance of counterclaims from a claim resolved on summary judgment when the claims are not inextricably intertwined.

Spicer v. Garda World Consulting (UK) Ltd. · filed 2021-10-19(e)(1)

The motion court providently exercised its discretion in severing defendant's counterclaims for fraud and aiding and abetting fraud from plaintiffs' declaratory judgment claim (CPLR 3212[e][1]).

CPLR 3212 permits a court to search the record and grant summary judgment to a non-moving party.

Yule v. Town of Huntington · filed 1994-05-09

We further note that the Supreme Court was not precluded from granting summary judgment to Alyward by virtue of his status as a non-moving party. The Supreme Court is empowered to search the record and grant summary judgment to a non-movant (see, CPLR 3212; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Addolorato v Safeguard Chem. Corp., 177 AD2d 680).

Section 3212(b) allows a court deciding a summary judgment motion to search the record and grant judgment to a nonmoving party.

McDougal v. Apple Bank for Savings · filed 1994-01-11(b)

Finally, on a motion for summary judgment, the court is authorized to search the record and to grant judgment in favor of a nonmoving party (CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112).

Section 3212(b) permits a court to award summary judgment to a nonmoving party.

Bompane v. Enzolabs, Inc. · filed 1994-02-02(b)

Summary judgment is awarded to the plaintiff, the court exercising its authority to grant such judgment to a nonmoving party pursuant to CPLR 3212 (b), and entry of judgment is stayed pending further determination of the court, as described in the following decision.

Section 3212(b) permits summary judgment for a nonmoving party when appropriate, but unresolved factual issues preclude judgment.

Barrett v. Littles · filed 1994-02-07(b)

While summary judgment may be awarded to a nonmoving party where appropriate (see, CPLR 3212 [b]), upon our review of the record we find that there are issues of fact as to the circumstances surrounding the execution of the deeds such that neither party is entitled to summary judgment declaring ownership of the Hollis property.

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party without a cross-motion.

Addison v. Addison · filed 1993-04-06(b)

We agree with that proposition; however, we find that upon the facts presented, plaintiff was entitled to summary judgment and pursuant to CPLR 3212 (b), the Supreme Court should have searched the record and granted such judgment without the necessity of a cross-motion.

Section 3212(b) permits a court deciding a summary judgment motion to search the record and grant relief to a nonmoving party.

Turkish Society of Rochester, Inc. v. Cimino · filed 1993-04-14(b)

Based on our authority to search the record and grant relief to a non-moving party (CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106), we order that judgment be entered in favor of plaintiff against defendants in the amount of $5,000 with interest to run from the date it was paid at the statutory rate of interest (see, CPLR 5004).

Section 3212(b) permits trial and appellate courts to search the record and grant summary judgment to a nonmoving or nonappealing party.

Raine v. Gleason · filed 1993-06-10(b)

Thus, under CPLR 3212 (b) either the IAS Court or a Court at the appellate level may, in its discretion, search the record and grant summary judgment to the non-moving and non-appealing party (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Howell v Davis, 58 AD2d 852, affd 43 NY2d 874).

Section 3212(b) permits a court to award summary judgment to a nonmoving party without a cross motion when that party is entitled to judgment as a matter of law.

Smith Pontiac-GMC Truck Center, Inc. v. Hartford Accident Indemnity Co. · filed 1993-06-10(b)

It thus being clear that defendant does not owe a duty of defense to plaintiff on the two third-party claims at issue as a matter of law, defendant is entitled to an award of summary judgment dismissing the complaint even in the absence of a cross motion for such relief (CPLR 3212 [b]; see, e.g., Wiseman v Knaus, 24 AD2d 869, 870; see generally, Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3212:23, at 330).