N.Y. C.P.L.R. § 3212

Section 3212(b) permits a court to search the record when a party moves for summary judgment and to grant judgment to the opposing party even without a cross motion.

Lansing Research Corp. v. Sybron Corp. · filed 1988-07-14(b)

By initially seeking summary judgment, defendant exposed itself to a search of the record (see, CPLR 3212 [b]; Siegel, NY Prac § 282, at 339), and summary judgment could have been granted in favor of plaintiff even in the absence of its cross motion for the same relief (see, Lauer v Dupreau, 87 AD2d 659, 660, affd 58 NY2d 814).

Section 3212(b) permits a court to search the record and award partial summary judgment to a party who did not move for it.

Surlak v. Fulfree · filed 1989-02-14(b)

Ordered that the order of the Supreme Court, Westchester County, entered August 31, 1987, is reversed, on the law, with costs, the defendant’s motion for summary judgment is denied, the complaint is reinstated, and, upon searching the record (see, CPLR 3212 [b]), partial summary judgment is awarded to the plaintiff on his claim for partition, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Resnick v. Karmax Camp Corp. · filed 1989-04-24(b)

Therefore, upon searching the record, we conclude that the respondent corporation is entitled to summary judgment (see, CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment to parties who did not move for it.

Walicki v. Mik-Lee Food Stores, Inc. · filed 1989-06-19(b)

Inasmuch as a motion for summary judgment empowers the court to search the record, even in the absence of a cross motion ... and to avoid multiple motions by the other third-party defendants, all of whom are in the same position as Foster, the third-party action is dismissed as against each of the third-party defendants.

Section 3212(b) permits an appellate court to search the record and grant summary judgment dismissing cross claims against a party awarded summary judgment on the complaint.

Diven v. Village of Hastings-On-Hudson · filed 1989-12-18(b)

Ordered that the order is modified, on the law, upon searching the record, by adding thereto a provision dismissing all cross claims asserted against the respondents; as so modified, the order is affirmed, without costs or disbursements.

Section 3212(b) permits a court to search the record and award summary judgment to a party that did not move for it.

Yohay v. De Walle · filed 1989-12-26(b)

However, upon searching the record (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110), we find that the plaintiffs are entitled to summary judgment on their claim for a civil penalty pursuant to CPLR 5020 (c).

Section 3212(b) permits a court to search the record on a summary judgment motion and award judgment to the opposing party when no triable issue of fact remains.

Spiegel v. Board of Assessors · filed 1990-05-14(b)

Finally, inasmuch as we are empowered to search the record on these motions for partial summary judgment by the petitioners (see, CPLR 3212 [b]), we find that there are no triable issues of fact raised on these motions, and we therefore award partial summary judgment in favor of the respondents dismissing the petitions to the extent that they seek review of the challenged assessments on the ground that the improvements on the subject lots were destroyed.

On a summary judgment motion, a court may search the record and grant summary relief to the opposing party even without a cross motion.

Incorporated Village of Freeport v. Jefferson Indoor Marina, Inc. · filed 1990-06-04(b)

It is well settled that upon a motion for summary judgment, this court may search the record and, if warranted, grant summary relief to the opposing party even in the absence of a cross motion (see, CPLR 3212 [b]; O’Hara v Del Bello, 47 NY2d 363, 367-368; Grimaldi v Pagan, 135 AD2d 496; Igbara Realty v New York Prop. Ins. Underwriting Assn., 104 AD2d 258, 260-261; Wehringer v Helmsley-Spear, Inc., 91 AD2d 585, affd 59 NY2d 688).

The Appellate Division may search the record when reviewing a summary judgment motion.

Brandstetter v. USAA Casualty Insurance · filed 1990-07-09

However, it is a well-settled rule that the Appellate Division, as a division of the Supreme Court (see, NY Const, art VI, §§ 4, 7), shares in that court’s power to search the record when a motion for summary judgment is involved (see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Grimaldi v Pagan, 135 AD2d 496; CPLR 3212).

CPLR 3212(b) permits a court to search the record to determine whether either party is entitled to summary judgment.

Castelli v. Department of Transportation · filed 1990-07-16(b)

The plaintiffs have appealed from so much of the order as denied their motion; however, we may search the record in order to determine whether either party is entitled to summary judgment (see, CPLR 3212 [b]). Upon our review, we find that defendants are entitled to partial summary judgment declaring the existence of a right-of-way with a width of four rods.

Section 3212(b) permits a court to search the record on a summary judgment motion and award judgment to a party that did not move for it.

Coleman v. Village of Head of Harbor · filed 1990-07-16(b)

However, upon searching the record pursuant to our power under CPLR 3212 (b) ... we conclude that summary judgment must be granted to NCI against the plaintiff.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Liberty Mutual Fire Insurance v. Home Insurance · filed 1990-08-06(b)

Upon our search of the record pursuant to CPLR 3212 (b) ... we conclude that summary judgment must be granted to Home.

Section 3212(b) permits a court to search the record and award summary judgment to a party that did not move for it.

New York State Higher Education Services Corp. v. Handler · filed 1990-12-13(b)

Accordingly, the action is time barred, summary judgment to plaintiff should have been denied and, upon searching the record (see, CPLR 3212 [b]), summary judgment dismissing the complaint is awarded to defendant.

Section 3212(b) permits a court to search the record and grant summary judgment when the record warrants it.

Equities v. Weiss · filed 1991-04-30(b)

With , respect to tenants’ counterclaims for reimbursement of rent previously paid, we search the record and grant summary judgment to petitioner (CPLR 3212 [b]).

Section 3212(b) permits a court to search the record on a summary judgment motion and dismiss a cause of action that the record shows cannot succeed.

Brody v. Soroka · filed 1991-05-06(b)

Upon searching the record pursuant to CPLR 3212 (b), we find that the plaintiffs second cause of action, to require Megreggles, Inc., or Soroka to repurchase his shares for their original purchase price, must be dismissed because the plaintiff never became a shareholder.

Section 3212(b) permits a court to search the record and dismiss a claim on summary judgment when the record warrants it.

DeLuca v. Lett · filed 1991-05-31(b)

Ordered that the order is reversed insofar as cross-appealed from by third-party defendant Schutz-Cohen Associates, Inc., on the law, without costs or disbursements, and upon searching the record, the third-party complaint insofar as it is asserted on behalf of the defendant third-party plaintiff Scott Rubenstein against third-party defendant Schutz-Cohen Associates, Inc., is dismissed. ... and the Supreme Court should have dismissed the third-party complaint insofar as it is asserted on behalf of Rubenstein against Schutz-Cohen (see, CPLR 3212 [b]).

Section 3212(b) allows a court to search the record and grant summary judgment to a party that did not move for it.

El Bruto Realty Corp. v. Fevola · filed 1991-08-19(b)

On the plaintiffs appeal, we have searched the record and determined that summary judgment should be granted to the defendants (CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the record and grant summary judgment to defendants who did not move for it.

Regan v. Coldwell Banker Residential Real Estate Services, Inc. · filed 1991-10-21(b)

We affirm, and in so doing take this opportunity to exercise our power to search the record and dismiss the complaint as to the remaining defendants Coldwell Banker and James Frayne (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Coleman v Village of Head of Harbor, 163 AD2d 456).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonappealing defendant entitled to it.

Rubsam v. Alexander · filed 1991-11-04(b)

Furthermore, after searching the record (see, CPLR 3212 [b]) we find that the nonappealing defendant John Alexander is ... also entitled to summary judgment dismissing the complaint as against him (see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Coleman v Village of Head of Harbor, 163 AD2d 456).

CPLR 3212(b) permits a court to search the record and award summary judgment to a nonappealing defendant.

Addolorato v. Safeguard Chemical Corp. · filed 1991-11-25(b)

Upon searching the record (CPLR 3212 [b]), we find that the nonappealing defendant Paul Williams Knitting, Inc., is also entitled to summary judgment dismissing the complaint insofar as it is asserted against it (see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Rubsam v Alexander, supra; Coleman v Village of Head of Harbor, 163 AD2d 456).

On summary judgment, the court searches the record to determine whether any viable cause of action exists.

Klapper v. Guria · filed 1992-01-24

Summary judgment searches the record, and based upon the facts herein, the court concludes that no viable causes of action exist against any of the named defendants, thus the complaint is dismissed in its entirety.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

State of New York Higher Education Services Corp. v. Starr · filed 1992-01-30(b)

Searching the record pursuant to CPLR 3212 (b), plaintiff is granted summary judgment.

A summary judgment motion searches the record, allowing the court to consider a pleading defect the movant did not raise.

Maisch v. City of New York · filed 1992-03-10(b)

The fact that defendant, in its motion papers, has failed to address this defect in pleading may be subordinated to the principle that its summary judgment motion searches the record (CPLR 3212 [b]).

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

RS Paralegal & Recovery Services, Inc. v. Poughkeepsie Savings Bank F.S.B. · filed 1993-02-01(b)

Accordingly, we search the record and grant summary judgment in favor of the defendant dismissing the action (see, CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Barbulescu v. Cara · filed 1993-03-01(b)

In view of the foregoing, we search the record and grant summary judgment to Allcity (see, CPLR 3212 [b]; Wiseman v Knaus, 24 AD2d 869).

Section 3212(b) permits a court to search the record and award partial summary judgment to a party that did not move for it.

In re the Estate of Goldstein · filed 1993-10-12(b)

Ordered that the order is modified, on the law, by adding a provision that, upon searching the record, the petitioner is awarded partial summary judgment with respect to her claim that the insurance proceeds on decedent’s life should be included in the "book value” of the appellant corporation; as so modified, the order is affirmed, with costs payable by the appellant to the estate. ... Upon searching the record (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111; Bulger v Tri-Town Agency, 148 AD2d 44), we conclude that the life insurance securing the debt to IDB and actually paid to discharge it should be included in the appellant corporation’s "book value” for purposes of computing the estate’s share therein (cf., Continental Assur. Co. v Patrick, 157 AD2d 1016).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party only within the action or cause of action addressed by the motion.

Mercedes-Benz Credit Corp. v. Dintino · filed 1993-11-19(b)

CPLR 3212 (b) authorizes a court to search the record and grant summary judgment in favor of a nonmoving party only with respect to the action or cause of action that is the subject of the summary judgment motion (see, Marshall v New York City Health & Hosps. Corp., 186 AD2d 542, 543-544; Marsico v Southland Corp., 148 AD2d 503, 506; Conroy v Swartout, 135 AD2d 945, 947; Jillsunan Corp. v Wallfrin Indus., 79 AD2d 943; Sutton v Cobb, supra).

Section 3212(b) permits a court deciding a summary judgment motion to search the record and grant judgment to other parties entitled to it.

Marquez v. Presbyterian Hospital · filed 1994-03-02(b)

On a summary judgment motion the court should search the record and grant judgment accordingly (CPLR 3212 [b]; United States Trust Co. v Gill & Duffus, 201 AD2d 334 [1st Dept]; Cosentino v Long Is. R. R., 201 AD2d 528 [2d Dept]). Clearly the case by the parents against the City and its attorneys, Bergall and Feldman, is not legally sufficient (Fried v Bower & Gardner, supra). Their role as "prosecutors” of the case could not give rise to liability to the abused infant victim. Those parties are also entitled to a judgment of dismissal.

Section 3212(b) permits a court to search the record and grant summary judgment to a party who did not appeal when the record warrants it.

Parise v. Meltzer · filed 1994-05-02(b)

While Meltzer has not cross-appealed from the order, we exercise our power to search the record, and conclude that the action should be dismissed in its entirety (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111; Lopez v Senatore, 97 AD2d 787, revd on other grounds 65 NY2d 1017).

Section 3212(b) permits a court, even on appeal, to search the record and award summary judgment to a party that did not move for it.

Schumacher v. Queens County Savings Bank · filed 1994-05-16(b)

It is well settled that ”a motion for summary judgment, irrespective of by whom it is made, empowers a court, even on appeal, to search the record and award judgment where appropriate” (Grimaldi v Pagan, 135 AD2d 496; see, CPLR 3212 [b]). Accordingly, in view of the lack of liability on the part of the defendant, summary judgment dismissing the complaint is awarded in favor of the defendant.

Subdivision (b) permits a court to search the record and grant summary judgment even when the party receiving judgment has not cross appealed.

Sterngass v. County of Rockland · filed 1994-10-31(b)

Notwithstanding the absence of a cross appeal by the County, upon searching the record we find that it is entitled to summary judgment dismissing the plaintiff’s first cause of action as well (see, CPLR 3212 [b]; Jacobs v Northeastern Indus. Park, 181 AD2d 720; Parente v Drozd, 171 AD2d 847; Grimaldi v Pagan, 135 AD2d 496; Southern Assocs. v United Brands Co., 67 AD2d 199).

CPLR 3212 (b) permits the Appellate Division to search the record and grant summary judgment to a nonmoving party even when that party has not appealed.

Brooks v. City of New York · filed 1995-02-16(b)

It is well settled that, "a motion for summary judgment, irrespective of by whom it is made, empowers a court, even on appeal, to search the record and award judgment where appropriate” (Grimaldi v Pagan, 135 AD2d 496). It has been consistently held that the Appellate Division may grant such relief pursuant to CPLR 3212 (b) even in the absence of an appeal by the nonmoving party (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110).

Section 3212(b) permits an appellate court to search the record and award summary judgment to a party who did not move for it when no material fact is in dispute.

Walts v. Badlam · filed 1995-04-20(b)

Although plaintiff never moved in Supreme Court for this relief, we exercise our authority on appeal (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112) to search the record and grant plaintiff partial summary judgment dismissing this defense because it is clear that it presents no material triable issue of fact (see, Glick & Dolleck v Tri-Pac Export Corp., supra, at 441).

Section 3212(b) permits a court deciding a summary judgment motion to search the record and award judgment to any party when appropriate.

Cosimo v. John Hancock Mutual Life Insurance · filed 1995-05-01(b)

Upon a motion for summary judgment a court may search the record and award judgment where appropriate to any party (see, Grimaldi v Pagan, 135 AD2d 496; CPLR 3212 [b]).

Section 3212(b) permits a court to grant summary judgment on a counterclaim even when the moving party did not specifically request that relief.

Cucchiaro v. Cucchiaro · filed 1995-04-13(b)

Therefore, although not specifically requested by plaintiff in her motion, plaintiff is granted summary judgment dismissing defendant’s first counterclaim.

Section 3212(b) permits a court to search the record and award summary judgment on a claim beyond the claim targeted by the motion.

Teller v. Bill Hayes, Ltd. · filed 1995-08-21(b)

Given this Court’s broad powers to search the record to award summary judgment, even to a nonmoving party, and in light of the plaintiffs failure to raise an objection pursuant to CPLR 3211 (e) in either the Supreme Court or in this Court, we deem it appropriate to search the record to award the defendants summary judgment on the plaintiff’s cause of action sounding in negligence (CPLR 3212 [b]).

Section 3212(b) permits a court, including an appellate court, to search the record and award summary judgment to a party that did not move for it.

Badou v. New Jersey Transit Rail Operations · filed 1995-11-06(b)

Furthermore, since " 'a motion for summary judgment, irrespective of by whom it is made, empowers a court, even on appeal, to search the record and award judgment where appropriate’ ” (Schumacher v Queens County Sav. Bank, 204 AD2d 526, 527; see, CPLR 3212 [b]; Cosimo v John Hancock Mut. Life Ins. Co., 215 AD2d 347), we reject the plaintiff’s claim that the court erroneously awarded summary judgment to McDonald’s Corporation, which allegedly owned or controlled the restaurant property.

A summary judgment motion searches the record, allowing the court to grant partial summary judgment on an undisputed issue.

230 Park Avenue Associates v. State · filed 1995-06-21(b)

Inasmuch as there is no dispute as to the existence and length of defendant’s possession, and because a motion for summary judgment searches the record (CPLR 3212 [b]; Siegel, NY Prac § 282, at 339), I grant claimant partial summary judgment on the issue of liability on its second cause of action.

Section 3212(b) permits a court to grant summary judgment on a cross motion despite the cross movant’s failure to cross appeal its denial.

Alexander v. Kendall Central School District · filed 1995-11-15(b)

Thus, despite the absence of a cross appeal by plaintiff from the denial of her cross motion to dismiss the affirmative defense of waiver and release (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112), we modify the order on appeal by granting that cross motion.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Ambald Realty, Inc. v. Board of Assessors · filed 1996-02-05(b)

We, therefore, search the record (see, CPLR 3212 [b]) and grant summary judgment to the appellants, dismissing the proceeding.

Section 3212(b) permits a court to search the record and grant summary judgment without a cross motion when the issue was raised in opposition to the motion.

Star v. Badillo · filed 1996-03-11(b)

Thus, the court was permitted to search the record and grant the defendants summary judgment without the necessity of a cross motion (see, CPLR 3212 [b]).

Section 3212(b) permits a court, including on appeal, to search the record and grant summary judgment to a party entitled to it, regardless of who moved.

Chateau D' If Corp. v. City of New York · filed 1996-04-18(b)

Moreover, "a motion for summary judgment, irrespective of by whom it is made, empowers a court, even on appeal, to search the record and award judgment where appropriate.” (Grimaldi v Pagan, 135 AD2d 496; CPLR 3212 [b].) As plaintiff concedes, there are no factual issues in dispute. The City is entitled to summary judgment dismissing the complaint.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Bank of New York v. Be Be Blond, Ltd. · filed 1996-07-01(b)

Since the plaintiff failed to do this, we search the record and grant summary judgment to the appellants (see, CPLR 3212 [b]).

Section 3212(b) permits a court to search the record on a summary judgment motion and award judgment to a nonmoving party without a cross motion when that party is entitled to judgment.

Park v. State · filed 1996-04-04(b)

The Court of Claims could properly grant summary judgment in favor of the State as against claimants on the second through fifth causes of action of the claim, since CPLR 3212 (b) empowers the court, on a summary judgment motion, to search the record and award judgment to a nonmovant without the necessity of a cross motion, where it appears that a party other than the moving party is entitled to summary judgment (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106,112).

Section 3212(b) permits a court to search the record and grant summary judgment beyond the claims addressed in the motion.

Shechtman v. Sverdrup & Parcel Consultants, Inc. · filed 1996-04-25(b)

Even though S&PC’s cross motion for partial summary judgment was directed only to the second and third causes of action, search of the record warranted dismissal of the entire complaint against that party (CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Imbesi v. First Federal Savings & Loan Ass'n · filed 1996-07-15(b)

Since the underlying action is improper, we search the record and grant summary judgment in favor of the defendants dismissing the complaint (CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the record and award summary judgment to a party that did not move for it.

Rogers v. Mattucci · filed 1996-08-05(b)

However, upon searching the record (see, CPLR 3212 [b]; Grimaldi v Pagan, 135 AD2d 496), we find that the defendants’ fourth counterclaim should be dismissed, inasmuch as the record does not support the imposition of sanctions pursuant to 22 NYCRR 130-1.1.

CPLR 3212(b) permits a court to search the record on a summary judgment motion and grant judgment to the nonmoving party.

Kuritzky v. Sirlin & Sirlin · filed 1996-09-23(b)

Hence, upon searching the record (see, CPLR 3212 [b]; Grimaldi v Pagan, 135 AD2d 496), we grant summary judgment in favor of the plaintiffs dismissing the Statute of Limitations defense.

CPLR 3212 permits a court to search the record and award summary judgment to a party that did not move for it.

Myers v. Bartholomew · filed 1996-11-04

Accordingly, this Court will search the record (see, CPLR 3212) and award summary judgment to the defendants dismissing the complaint.

Section 3212(b) permits a court to search the record and grant summary judgment to a respondent even without a notice of cross appeal.

Electronic Services International, Inc. v. Silvers · filed 1996-11-12(b)

On a motion for summary judgment, this Court can search the record and grant summary judgment to the respondent, even in the absence of a notice of cross appeal (CPLR 3212 [b]; Kornfeld v NRX Technologies, 62 NY2d 686; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Union Structural Erectors, Inc. v. Poslau Joint Venture · filed 1996-12-23(b)

The court correctly determined, upon searching the record (see, CPLR 3212 [b]), that the defendants were entitled to summary judgment dismissing the complaint.

Section 3212(b) allows a court to search the record and grant summary judgment to a party that did not move for it.

Rowlett v. Great South Bay Associates · filed 1997-03-20(b)

Upon search of the record, summary judgment is granted to defendants, dismissing the complaint and the third-party action (CPLR 3212 [b]).

Section 3212(b) permits a court deciding a summary judgment motion to search the record and dismiss a cause of action.

Taylor v. Blaylock & Partners, L.P. · filed 1997-06-19(b)

Therefore, upon searching the record (CPLR 3212 [b]), this Court concludes that plaintiff’s third cause of action is beyond the scope of Labor Law § 198 and must be dismissed.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for that relief.

Cannino v. Locust Valley Fire District · filed 1997-07-28(b)

Although the water district did not move for summary judgment on the issue of indemnification against the plaintiff’s employer we grant this relief upon searching the record (see, CPLR 3212 [b]; Dunham v Hilco ... Constr. Co., 89 NY2d 425, 429-430; Rubenstein v DeGeorgio, 236 AD2d 383; Grimaldi v Pagan, 135 AD2d 496, 497).

Section 3212(b) permits a court deciding a summary judgment motion to search the record and award judgment regardless of which party moved.

J & D Einbinder Associates, Inc. v. ICC Performance 3 Ltd. Partnership · filed 1997-08-25(b)

The court did not err in awarding summary judgment in favor of Key Bank and against Joseph Einbinder on the written personal guaranty that he executed to Key Bank as security for the letter of credit. “[A] motion for summary judgment, irrespective of by whom it is made, empowers a court * * * to search the record and award judgment where appropriate” (Grimaldi v Pagan, 135 AD2d 496; McDougal v Apple Bank for Sav., 200 AD2d 418; CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party.

Order of Teachers of Children of God, Inc. v. Trustees of the Estate Belonging to the Diocese of Long Island · filed 1997-10-20(b)

Furthermore, upon searching the record (see, CPLR 3212 [b]), summary judgment is granted to the defendants dismissing the second cause of action insofar as it relates to this issue.

CPLR 3212 permits an appellate court to search the record and grant summary judgment to a party that neither sought that relief below nor cross-appealed.

Sanchez v. United Rental Equipment Co. · filed 1998-01-12

However, CPLR 3212 empowers this Court to search the record, and grant summary judgment where warranted, even where the party to whom summary judgment is granted neither moved for such relief in the Supreme Court nor cross-appealed (see, Dunham v Hilco Constr. Co., 89 NY2d 425; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Sheehan v State Farm Fire & Cas. Co., 239 AD2d 486).

CPLR 3212 (b) does not authorize a court to search the record and grant summary judgment in a third-party action merely because a plaintiff moved for summary judgment on the complaint.

Bridgehampton National Bank v. Schaffner · filed 1998-02-02(b)

The fact that a plaintiff has moved for summary judgment on the complaint does not authorize the Supreme Court to search the record in the third-party action and to grant summary judgment pursuant to CPLR 3212 (b) in that action (see, Dunham v Hilco Constr. Co., 89 NY2d 425; Mercedes-Benz Credit Corp. v Dintino, 198 AD2d 901, 902; Sutton v Cobb, 50 AD2d 995, 996).

A court may not grant summary judgment after searching the record when a triable issue remains on an essential element of the claim.

MAG Associates, Inc. v. SDR Realty, Inc. · filed 1998-02-17(b)

Ordered that the order is modified by deleting the provision thereof which, upon searching the record, granted summary judgment to the defendant, declaring it to be the owner of the subject property; as so modified, the order is affirmed, without costs or disbursements. ... At bar, although SDR established four of the elements of. adverse possession by clear and convincing evidence, a question of fact remains as to whether it possessed the property under a claim of right.

Section 3212(b) permits a court to search the record and grant summary judgment to the opposing party when the record establishes that a defense lacks merit as a matter of law.

Tomanek v. Shumway · filed 1998-03-13(b)

Because the ninth affirmative defense is, as a ... matter of law, without merit, we search the record and grant partial summary judgment to plaintiffs dismissing that defense (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a party that did not appeal.

New York State Higher Education Services Corp. v. Perchik · filed 1998-04-08(b)

Moreover, this court may search the record and grant summary judgment to the nonappealing party (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyards, 61 NY2d 106, 110-111).

Section 3212(b) permits a court to search the record to determine which party is entitled to summary judgment.

Tsafatinos v. Ward · filed 1998-04-21(b)

... the court has “search[ed] the record” (Amore Partners v Mephisto, Inc., 222 AD2d 473, 474 [2d Dept 1995]) to determine which party, if any, may be entitled to summary judgment.

CPLR 3212(b) permits a court to search the record and grant summary judgment, but the court may decline to do so under the circumstances presented.

Galante v. State Farm Insurance · filed 1998-04-27(b)

However, under the circumstances presented, we decline the defendant’s present invitation to search the record and grant it summary judgment dismissing the complaint (see generally, CPLR 3212 [b]).

CPLR 3212(b) permits an appellate court to search the record and grant summary judgment to a party who neither moved below nor cross-appealed when a summary judgment motion on that cause of action is before the court.

Boss v. Integral Construction Corp. · filed 1998-04-28(b)

Indeed, although plaintiff did not move for summary judgment before the motion court and has not cross-appealed, invocation of our power to search the record pursuant to CPLR 3212 (b) is appropriate here where a motion for summary judgment respecting the Labor Law § 240 (1) cause of action is before the Court (see, Dunham v Hilco Constr. Co., 89 NY2d 425, 428-429; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110), and, upon such a search of the record, we grant plaintiff partial summary judgment as to liability on his Labor Law § -240 (1) claim.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Monteleone v. Crow Construction Co. · filed 1998-05-21(b)

Accordingly, the order of Supreme Court, New York County (Carol Arber, J.), entered January 15, 1997, which, insofar as appealed from as limited by the briefs, granted the motion of second third-party plaintiff for summary judgment declaring that National Union Fire Insurance Company is obligated to defend and contractually indemnify it for injuries sustained by plaintiff, should be reversed, on the law, without costs, the motion denied, and, upon a search of the record, summary judgment is granted to National Union pursuant to CPLR 3212 (b), declaring that National Union is not obligated to defend or indemnify Kalin.

Section 3212(b) permits a court to search the record and grant summary judgment on another party’s motion.

Barriga v. Sapo · filed 1998-05-26(b)

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellants’ motion is granted, and, upon searching the record (CPLR 3212 [b]), the separate motion by the defendants Anna Sapo and German Shapiro for summary judgment is granted, and the complaint is dismissed.

CPLR 3212 does not permit a court searching the record on summary judgment to find a triable issue on a claim neither pleaded nor raised in the motion.

Frumkin v. Chemtop · filed 1998-06-15

Furthermore, the Supreme Court erred by searching the record and finding that there was a triable issue of fact regarding the existence of an easement by necessity, since a claim that such an easement existed was not pleaded in the plaintiff’s complaint, nor was it raised as an issue in the motion before the court (see, CPLR 3212; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

General Electric Capital Commercial Automotive Finance, Inc. v. Spartan Motors, Ltd. · filed 1998-07-20(b)

Under these circumstances, we conclude, upon searching the record, that GMAC is entitled to retain the proceeds of the sale of the two contested vehicles and to summary judgment against GECC (see, CPLR 3212 [b]).

Section 3212(b) does not permit a court to search the record to dismiss a counterclaim when no party moved for summary judgment on that counterclaim.

Quinta Doroteia, Ltd. v. Wagner · filed 1998-08-10(b)

We therefore vacate so much of the order and judgment as purports to dismiss that counterclaim, as such relief is not warranted where none of the parties moved for summary judgment as to that counterclaim (see, Yonkers Racing Corp. v Catskill Regional Off-Track Betting Corp., 159 AD2d 615), and accordingly, this Court may not search the record pursuant to CPLR 3212 (b) (see, Dunham v Hilco Constr. Co., 89 NY2d 425).

CPLR 3212(b) allows a court to search the record for grounds to grant summary judgment, but triable issues of fact prevent judgment on those claims.

Hendricks v. 333 Bayville Avenue Restaurant Corp. · filed 1999-04-19(b)

The Club contends that this Court should exercise its authority to search the record and grant it summary judgment dismissing the fifth cause of action in its entirety (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112). However, there are triable issues of fact as to whether, inter alia, the Club knew or should have known of the alleged sexual harassment which occurred at the workplace and failed to take remedial action (see, Spoon v American Agriculturalist, 120 AD2d 857).

Section 3212(b) permits a court to search the record and grant summary judgment on a claim the movant did not seek judgment on.

Nehmadi v. Barbaro · filed 1999-01-28(b)

Although plaintiff did not seek summary judgment upon his third cause of action for return of his down payment, our search of the record pursuant to CPLR 3212 (b) leads to the conclusion that the contract of sale was, under the circumstances at bar, effectively nullified by reason of the seller’s misrepresentations, and, accordingly, the down payment should have been returned to plaintiff purchaser, with interest.

CPLR 3212(b) permits a court to search the record and grant summary judgment to parties other than the movant.

Wolfson v. Milillo · filed 1999-06-28(b)

Accordingly, upon the exercise of our power to search the record (see, CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425; Williams v Liberty Tr. Lines, 248 AD2d 379), Mazza and Ciuca as well are entitled to summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

CPLR 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Wall v. DePasquale · filed 1999-11-15(b)

... and, upon searching the record (see, CPLR 3212 [b]), we grant summary judgment in favor of the defendant dismissing that cause of action.

CPLR 3212(b) permits a court to search the record on a summary judgment motion and grant judgment where appropriate.

Besen & Associates, Inc. v. Besdine Management Co. · filed 1999-11-18(b)

Accordingly, since CPLR 3212 (b) permits the court to search the record on a motion for summary ... judgment where appropriate ... the award of summary judgment to defendants was proper.

Section 3212(b) permits a court reviewing the denial of summary judgment to search the record and grant summary judgment to the opposing party when warranted.

Insurance Co. of Evanston v. Mid-Hudson Co-Operative Insurance · filed 2000-04-24(b)

On review of the denial of the plaintiffs motion for summary judgment, this Court is empowered to search the record and may, if warranted, grant summary judgment to the defendant (see, CPLR 3212 [b]; Peoples Sav. Bank v County Dollar Corp., 43 AD2d 327, affd 35 NY2d 836).

Section 3212(b) permits a court to search the record and award summary judgment to nonmoving parties.

Rogers v. C/S Associates Ltd. Partnership I · filed 2000-06-08(b)

As a final matter, plaintiff having moved against all defendants for summary judgment on the issue of liability under Labor Law § 240 (1), Supreme Court was entitled to search the record and award summary judgment in favor of even nonmov...ing parties (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party on a cause of action raised by the motion.

Donaldson v. Bottar · filed 2000-09-29(b)

Finally, the court properly denied that part of plaintiffs motion seeking partial summary judgment on the cause of action pursuant to Judiciary Law § 487 and, upon searching the record, granted summary judgment to defendants on that cause of action (see, CPLR 3212 [b]).

Section 3212(b) allows a court to search the record and grant summary judgment to a defendant without a cross motion.

Housing Opportunities Made Equal, Inc. v. Patari · filed 2000-11-13(b)

We reverse and conclude, upon searching the record, that defendants are entitled to summary judgment dismissing the complaint (see, CPLR 3212 [b]). ... In light of the above, we exercise our authority to search the record and grant summary judgment to defendants dismissing the complaint despite the absence of a cross motion (see, Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430; Czaska v Lenn Lease Ltd., 251 AD2d 965, 966).

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

Capobianco v. Inc. Village of Massapequa Park · filed 2000-12-11(b)

Consequently, upon searching the record (see, CPLR 3212 [b]), we grant summary judgment to the plaintiff on her first cause of action.

Section 3212(b) permits a court to search the record and award summary judgment when the parties have addressed the issues in their motion papers.

Lord Day & Lord, Barrett, Smith v. Broadwall Management, Inc. · filed 2001-03-16(b)

because the issues have been discussed by the parties in their papers, and the court can search the record and award summary judgment to defendant Bernstein (CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party on a related claim, but factual questions can preclude that relief.

Mid-Hudson Equipment, Inc. v. Allcity Insurance · filed 2001-04-30(b)

Although, in deciding the propriety of a motion for summary judgment, a court “may search the record and grant summary judgment to the nonmoving party on any related claim” (A.C. Transp. v Board of Educ., 253 AD2d 330, 338; CPLR 3212 [b]), the Supreme Court improperly granted summary judgment in this case. There are questions of fact regarding, inter alia, whether the plaintiffs Mid-Hudson Equipment, Inc., Hudson Waste Haulage, Inc., and Mt. Pleasant Sanitation, Inc., were employers of the decedent in the underlying action, which preclude the granting of summary judgment (see, Zuckerman v City of New York, 49 NY2d 557).

CPLR 3212(b) permits a court to search the record and grant summary judgment to the opposing party when that party is entitled to judgment.

Larussa v. Shell Oil Co. · filed 2001-05-07(b)

The defendants are, therefore, entitled to summary judgment upon searching the record (see, CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyards, 61 NY2d 106; Stevenson v Alfredo, 277 AD2d 218).

Section 3212(b) permits a court to search the record and grant summary judgment to similarly situated parties without a motion or cross appeal.

Bisceglia v. International Business Machines · filed 2001-10-29(b)

Since Ogden and Axiom are similarly-situated parties to IBM and Byron insofar as the issue of proximate cause is concerned, upon searching the record, we grant summary judgment to Ogden and Axiom without the necessity of a motion or cross appeal, respectively (see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106; Matter of United Water New Rochelle v City of New York, 275 AD2d 464; see also, CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment on a claim even when the party receiving that relief did not request it.

Niagara Mohawk Power Corp. v. Freed · filed 2001-11-09(b)

In addition, we exercise our authority pursuant to CPLR 3212 (b) to search the record and grant summary judgment in favor of Payton dismissing as time-barred the commercial bribery cause of action against him, despite Payton’s failure to seek that relief.

Section 3212(b) permits a court to search the record and grant summary judgment to nonmoving parties when the record establishes their entitlement to judgment.

Grell v. MABSTOA · filed 2001-11-13(b)

Additionally, since the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), there can be no recovery against the remaining defendants and, upon searching the record, we grant summary judgment to those defendants as well (see, CPLR 3212 [b]; Dunham v Hilco, 89 NY2d 425).

CPLR 3212 (b) permits an appellate court to search the record and grant summary judgment to a party that did not move for it when a summary judgment motion on the relevant claims is before the court.

Canning v. Barneys New York · filed 2001-12-06(b)

Notwithstanding the fact that defendants Slattery Associates, Inc. and J. Slattery Contracting, Inc. (hereinafter Slattery) did not move for summary judgment before the IAS court and have not cross-appealed, invocation of our power to search the record pursuant to CPLR 3212 (b) is proper in this case in which a motion for summary judgment respecting the Labor Law claims are before the Court (Boss v Integral Constr. Corp., 249 AD2d 214).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a nonmoving defendant when the plaintiff fails to raise a triable factual issue.

Sobczynski v. Langlaise · filed 2001-12-10(b)

The defendants Oceanmark Bank, F.S.B. (hereinafter the Bank) and Damien Langlaise (hereinafter Langlaise) made a prima facie showing that they were, respectively, a bona fide encumbrancer and purchaser of their interests in the property at issue. In response thereto, the plaintiff failed to show the existence of a triable factual issue. Accordingly, the Supreme Court properly granted the Bank’s motion for summary judgment dismissing the complaint insofar as asserted against it and, in effect, upon searching the record, granted summary judgment dismissing the complaint insofar as asserted against Langlaise (see, CPLR 3212 [b]; see, Alvarez v Prospect Hosp., 68 NY2d 320; Rudman v Cowles Communications, 30 NY2d 1; Anderson v Blood, 152 NY 285; Real Property Law § 266).

Section 3212(b) permits a court to grant summary judgment to a party based on submissions made on an opponent’s cross motion.

George v. Hunt · filed 2001-12-21(b)

We therefore reverse the order, grant in part defendant’s motion seeking summary judgment, dismiss the common-law negligence and Labor Law § 200 claims, deny plaintiffs cross motion, grant summary judgment to defendant pursuant to CPLR 3212 (b) and dismiss the Labor Law § 240 (1) and § 241 (6) claims, thereby dismissing the complaint in its entirety.

CPLR 3212(b) permits a court to search the record and grant summary judgment sua sponte when unrefuted evidence establishes a defendant’s entitlement to dismissal.

Jackson v. Rockefeller Center Properties, Inc. · filed 2002-01-17(b)

Summary judgment dismissing the complaint as against defendant RCP Associates was properly granted, sua sponte, pursuant to CPLR 3212 (b), based upon unrefuted evidence establishing that RCP Associates was an out-of-possession owner which exercised no control over the premises on which plaintiff was injured (see, Hoberman v Kids “R” Us, 187 AD2d 187, 190-191).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party entitled to judgment as a matter of law.

Torah v. Graphic Arts Mutual Insurance · filed 2002-04-01(b)

The plaintiff established its entitlement to judgment as a matter of law on the issue of liability (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). ... Accordingly, upon searching the record, the plaintiff is granted summary judgment on the issue of liability.

Section 3212(b) permits the Appellate Division to search the record on a summary judgment motion and grant relief to a party that did not appeal.

Wilson v. Buffa · filed 2002-05-06(b)

It is settled law that the Appellate Division may grant relief to a nonappealing party on a summary judgment motion by virtue of its statutory authority to search the record under CPLR 3212 (b) (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112; Howell v Davis, 58 AD2d 852, affd 43 NY2d 874).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Acevedo v. Mehlman · filed 2002-06-10(b)

Accordingly, upon searching the record, Abstract is entitled to partial summary judgment dismissing the Labor Law § 240 (1) claim insofar as asserted against it (see CPLR 3212 [b]; Larussa v Shell Oil Co., 283 AD2d 403; Stevenson v Alfredo, 277 AD2d 218).

CPLR 3212(b) permits an appellate court to search the record and grant summary judgment to a nonmoving party when a summary judgment motion has been made.

Levin v. 117 Ltd. Partnership · filed 2002-02-21(b)

Moreover, where a motion for summary judgment has been made, this Court can search the record and grant summary judgment to any party, including a nonmoving party (CPLR 3212 [b]), even in the absence of an appeal by the non-moving party (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106).

Section 3212(b) permits a court to search the record and grant summary judgment where appropriate, even when the party did not appeal the denial of its motion.

Irmiyayeva v. Thompson · filed 2002-07-08(b)

Furthermore, although the plaintiffs did not appeal from the denial of their cross motion for summary judgment on the issue of the Thompsons’ liability, this Court has the inherent power to search the record and grant summary judgment where appropriate (see CPLR 3212 [b]). Therefore, upon searching the record, the plaintiffs’ cross motion is granted.

Section 3212(b) permits a court to search the record and grant summary judgment on a claim even when the motion did not seek that relief.

Anarumo v. Slattery Associates, Inc. · filed 2002-10-07(b)

Upon searching the record, we grant summary judgment to Slattery dismissing the cause of action alleging a violation of Labor Law § 241 (6) (see CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a party that did not appeal the denial of its own motion.

Charnis v. Shohet · filed 2002-10-31(b)

Exercising our inherent power to search the record and grant summary judgment to defendant notwithstanding that she did not appeal from the denial of her motion which sought summary judgment (see CPLR 3212 [b]; Irmiyayeva v Thompson, 296 AD2d 439 [2002]), we hold that defendant is entitled to summary judgment dismissing the sixth cause of action alleging false imprisonment.

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

Adair v. Bestek Lighting & Staging Corp. · filed 2002-10-08(b)

—Order, Supreme Court, New York County (Michael Stallman, J.), entered January 25, 2001, which denied plaintiff’s motion for partial summary judgment upon her Labor Law § 240 (1) claim, modified, on the law and upon a search of the record pursuant to CPLR 3212 (b), to grant summary judgment dismissing plaintiff’s Labor Law § 240 (1) claim, and otherwise affirmed, without costs.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

9 Bros. Building Supply Corp. v. Buonamicia · filed 2002-11-25(b)

Moreover, upon searching the record (see CPLR 3212 [b]), we find that the plaintiff is entitled to summary judgment on the issue of liability against Buonamicia for breach of the implied covenant of good faith and fair dealing (see 1-10 Indus. Assoc. v Trim Corp. of Am., 297 AD2d 630; Progressive Solar Concepts v Gabes, supra; Mokar Props. Corp. v Hall, supra).

CPLR 3212(b) allows a court to search the record and grant summary judgment to a party on an issue raised by the motion.

Diaz v. Applied Digital Data Systems, Inc. · filed 2002-12-23(b)

This Court is authorized by CPLR 3212 (b) to search the record and grant summary judgment to the defendants with respect to an issue that was the subject of the motion before the Supreme Court. Accordingly, upon searching the record, we find that there are no triable issues of fact with respect to the plaintiffs claims against the defendants under Labor Law § 240 (1), and we grant summary judgment to the defendants dismissing those claims.

Section 3212(b) permits a court to search the record on a summary judgment motion, but the court may decline to dismiss an unchallenged counterclaim intertwined with a claim presenting factual issues.

LD Exchange, Inc. v. Orion Telecommunications Corp. · filed 2003-02-24(b)

In light of the conclusion reached with regard to the plaintiffs breach of contract claim, and since the defendant’s counterclaim is based upon the same facts and thus, is inextricably interwoven with that claim, and in light of the plaintiffs failure to move for dismissal of the counterclaim, we decline to search the record and dismiss the counterclaim (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]).

CPLR 3212 does not permit a court to search the record and grant partial summary judgment when no party has moved for summary judgment.

Livas v. Mitzner · filed 2003-03-03

There is nothing in the record to indicate that the defendant sought summary judgment pursuant to CPLR 3212 as to permit the court to search the record and grant the plaintiff partial summary judgment.

CPLR 3212 (b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Niagara Frontier Transportation Authority v. Euro-United Corp. · filed 2003-03-21(b)

In addition, however, we exercise our authority pursuant to CPLR 3212 (b) to search the record and grant summary judgment in favor of plaintiff on that claim.

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

Mohawk Valley Ski Club, Inc. v. Town of Duanesburg · filed 2003-04-03(b)

Although we recognize that, where warranted, this Court has the power to search the record and grant summary judgment to a nonappealing party even in the absence of a cross motion (see CPLR 3212 [b]), we conclude that defendants failed to demonstrate their entitlement to summary judgment here.

Section 3212(b) permits a court to search the record and grant summary judgment on a cause of action addressed by the motion, but not on a separate cause of action without a cross motion.

Costello v. Hapco Realty, Inc. · filed 2003-05-12(b)

We note that, because the plaintiffs motion for summary judgment was addressed solely to his cause of action based on Labor Law § 240 (1), the Supreme Court had no authority under CPLR 3212 (b) to search the record and grant summary judgment in favor of the defendant on the separate cause of action based on negligence, in the absence of any cross motion for such relief (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]; see also Bondanella v Rosenfeld, 298 AD2d 941 [2002]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

N&S Supply, Inc. v. Simmons · filed 2003-05-27(b)

Accordingly, upon searching the record (see CPLR 3212 [b]), we grant summary judgment in favor of LaPolla dismissing the appellant’s statute of limitations defense (see Kuritzky v Sirlin & Sirlin, 231 AD2d 607 [1996]).

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

DaLoia v. Burt · filed 2003-06-02(b)

The Supreme Court, while erroneously dismissing the sixth cause of action for insufficiency, appropriately searched the record and reached the correct result (see CPLR 3212 [b]; Goldstein v County of Suffolk, 300 AD2d 441 [2002]).

CPLR 3212(b) permits a court to search the record and grant summary judgment to another party.

Nelson v. Distant · filed 2003-09-11(b)

Upon searching the record, summary judgment is granted dismissing the complaint as to defendant Lewis as well (see CPLR 3212 [b]; Grell v MABSTOA, 288 AD2d 259 [2001]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party on an issue established as a matter of law.

State v. Justin · filed 2003-11-19(b)

The court thus searches the record pursuant to CPLR 3212 (b) and grants summary judgment for plaintiff on the issue whether the ETS Program was a security under the Martin Act.

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

Green Harbour Homeowners' Ass'n v. G.H. Development & Construction, Inc. · filed 2003-07-03(b)

We grant this relief to defendants under our authority to search the record and grant summary judgment to a nonmoving and/or nonappealing party (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111 [1984]; Doin v Bluff Point Golf & Country Club, 262 AD2d 842, 843 [1999], lv denied 94 NY2d 753 [1999]).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party on an issue raised by the motion.

Micciche v. Homes By Timbers, Inc. · filed 2003-11-03(b)

Although the seller did not cross-move for summary judgment, this Court has the authority to search the record and award summary judgment to a nonmoving party with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]; Selter v MCM Distribs., 299 AD2d 332 [2002]). Here, since the sole basis for rescinding the contract asserted by the plaintiff was shown to be without merit, we award summary judgment dismissing the complaint and on the issue of liability on the seller’s counterclaim, and remit to the Supreme Court for further proceedings on the counterclaim.

CPLR 3212(b) allows a court to search the record and award summary judgment to a nonmoving party on an issue raised by the motions before it.

Jason v. Danar · filed 2003-11-10(b)

Although the defendant First Union Auto Finance, Inc., did not move for summary judgment dismissing the complaint insofar as asserted against it in Action No. 2, this Court has the authority pursuant to CPLR 3212 (b) to search the record and award summary judgment to a nonmoving party (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112 [1984]; QDR Consultants & Dev. Corp. v Colonia Ins. Co., supra) with respect to an issue that was the subject of the motions before the Supreme Court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not appeal when the record warrants it.

Friedman v. City of New York · filed 2003-07-31(b)

We reverse the denial of St. Vincent’s summary judgment motion, and, on a search of the record, grant the City summary judgment as well, notwithstanding the City’s failure to file a notice of appeal (see Florman v City of New York, 293 AD2d 120, 127 [2002]; Chamberlain v City of New York, 286 AD2d 232, 233-234 [2001], lv denied 97 NY2d 605 [2001]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Heegan v. United International Insurance · filed 2003-12-01(b)

The Supreme Court properly searched the record and granted summary judgment to the plaintiff (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557 [1980]; Vanegas v Nationwide Mut. Fire Ins. Co., 282 AD2d 671 [2001]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party on an issue addressed by the motion.

Lacy v. New York City Housing Authority · filed 2004-02-17(b)

Furthermore, this Court has the authority to search the record and award summary judgment to a nonmoving party with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]; Micciche v Homes by the Timbers, 1 AD3d 326 [2003]).

Section 3212(b) permits a court to search the record and grant summary judgment to the opposing party when no factual issue remains on the question raised by the motion.

Serf Realty Co. v. State · filed 2004-03-15(b)

There remains no issue of fact, therefore, on the question tendered in the claimant’s motion, and it is appropriate for this Court, upon searching the record, to grant partial summary judgment in favor of the defendant (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 112 [1984]; Wiseman v Knaus, 24 AD2d 869, 870 [1965]; cf. Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]), dismissing so much the claim as, in effect alleged that the claimant’s remainder parcel is legally landlocked (see Zeid v Kaldawi, 147 AD2d 636, 638 [1989]; Dormann v State of New York, 4 AD2d 979 [1957]).

CPLR 3212(b) permits an appellate court to search the record and grant summary judgment to a party that did not appeal.

Maheshwari v. City of New York · filed 2004-05-06(b)

Although the City did not appeal from Supreme Court’s order, the Appellate Division had the authority to search the record and grant summary judgment to the City under CPLR 3212 (b) (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]).

Section 3212(b) permits a court to search the record and grant summary judgment to the opposing party when the uncontroverted proof leaves no basis for relief.

Rochester Home Equity, Inc. v. Guenette · filed 2004-04-30(b)

We therefore exercise our power to search the record and grant summary judgment to defendants (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111 [1984]) “because, in view of the uncontroverted proof in the record, there is no basis upon which relief might be granted to plaintiff on the complaint” (Chase Mtge. Co. v Fowler, 280 AD2d 892, 893 [2001]).

Section 3212(b) permits summary judgment on an issue absent from the motion papers when the parties' claims necessarily put that issue in dispute.

Webster v. Ragona · filed 2004-05-06(b)

Supreme Court did not err in awarding summary judgment on an issue not raised in the motion papers inasmuch as plaintiffs, in asserting their status as purchasers in good faith, necessarily placed the question of actual and constructive notice in issue (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party who did not move for it.

Lyons v. Gandin, Schotsky, Rappaport, Glass & Greene, LLP · filed 2004-06-07(b)

Therefore, ... and, in effect, searched the record and granted summary judgment dismissing the complaint insofar as asserted against the defendant Mark G. Sokoloff (see CPLR 3212 [b]), one of the attorneys representing the plaintiff in the underlying federal action.

CPLR 3212(b) allows a court to search the record and award summary judgment to a nonmoving party on an issue raised by the motion.

Litvak v. Fabi · filed 2004-06-28(b)

Furthermore, this Court has the authority to search the record and award summary judgment to a nonmoving party with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]; Lacy v New York City Hous. Auth., 4 AD3d 455 [2004]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party when the claim lacks a valid cause of action.

Internet Homes, Inc. v. Vitulli · filed 2004-06-14(b)

Based on the absence of a valid cause of action, the Supreme Court properly searched the record and granted summary judgment dismissing the complaint ipsofar as asserted against the nonmoving defendant Lucy Vitulli Antonacci (see CPLR 3212 *440[b]; Fappiano v City of New York, 5 AD3d 627 [2004]; Green v Dolphy Constr. Co., 187 AD2d 635, 636 [1992]; cf. Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]).

CPLR 3212(b) permits a court to search the record and grant partial summary judgment to a party who did not cross-move when that party is entitled to judgment as a matter of law.

Montalvo v. J. Petrocelli Construction, Inc. · filed 2004-06-24(b)

Although plaintiffs did not cross-move for partial summary judgment on their Labor Law § 240 (1) claim, this Court, upon a search of the record pursuant to CPLR 3212 (b), is authorized to grant partial summary judgment upon a finding that plaintiffs have established entitlement to judgment as a matter of law, and we grant such relief.

Section 3212(b) permits a court to search the record and grant summary judgment to the nonmoving party when the record establishes entitlement.

Reckess v. Goldman · filed 2004-11-29(b)

Moreover, upon searching the record (see CPLR 3212 [b]), we find that the plaintiff was entitled to summary judgment for specific performance of the contract of sale (see ... Mokar Props. Corp. v Hall, supra).

Section 3212(b) permits a court to search the record and award summary judgment to a party that did not move for it on a cause of action or issue raised by a summary judgment motion.

State v. White Oak Co. · filed 2004-12-13(b)

Although the DEC did not move for summary judgment, this Court is authorized by CPLR 3212 (b) to search the record and award the DEC summary judgment with respect to a cause of action or issue that was the subject of a motion before the Supreme Court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]).

Section 3212(b) allows a court to search the record and award summary judgment to a party who did not move for it.

Banuchis v. Government Employees Insurance · filed 2005-01-24(b)

Additionally, upon searching the record (see CPLR 3212 [b]), summary judgment is granted in favor of the plaintiff awarding her the declaratory relief requested in her complaint.

Section 3212(b) permits a court to search the record and grant summary judgment to parties that did not seek it.

Juncal v. W 12/14 Wall Acquisition Associates, LLC · filed 2005-02-14(b)

Moreover, given the plaintiffs’ failure to meet that burden, upon searching the record, we grant Equinox, Wall, and Stellar summary judgment dismissing the cause of action to recover damages under Labor Law § 241 (6) insofar as asserted against them (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]; Campos v New York City Hous. Auth., 295 AD2d 386, 387-388 [2002]).

Section 3212(b) permits a court to search the record and award summary judgment to a nonmoving party on a cause of action that was before the court on the motion.

Osborne v. Zornberg · filed 2005-03-28(b)

Although neither defendant cross-moved for summary judgment for this relief, this Court has the authority pursuant to CPLR 3212 (b) to search the record and award summary judgment to a nonmoving or non-appealing party on a cause of action that was the subject of the motion before the court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; QDR Consultants & Dev. Corp. v Colonia Ins. Co., 251 AD2d 641, 643 [1998]; Addolorato v Safeguard Chem. Corp., 177 AD2d 680, 682 [1991]; Kasper v Town of Smithtown, 123 AD2d 743, 744 [1986]; Stylianides v De Lorean Motor Co., 115 Misc 2d 861, 864-865 [1982]).

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not move for it.

Kahn v. Allstate Insurance · filed 2005-04-11(b)

Accordingly, the Supreme Court properly granted the cross motion of the defendant Public Service Mutual Insurance Company for summary judgment dismissing the complaint insofar as asserted against it (see CPLR 3212), and, upon searching the record, properly granted summary judgment to the defendant Allstate Insurance Company dismissing the complaint insofar as asserted against it (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and award summary judgment to the nonmoving party when the evidence warrants it.

Smithtown Galleria II, LLC v. Gmytrasiewicz · filed 2005-05-09(b)

In addition, the Supreme Court properly denied that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) and searched the record and awarded the plaintiff summary judgment dismissing the defendants’ second affirmative defense and dismissing, in part, their third affirmative defense, since the documentary evidence clearly refuted those affirmative defenses (see generally CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]).

Section 3212(b) permits a court to grant partial summary judgment to the party opposing the motion.

R.F. Cunningham & Co. v. Driscoll · filed 2005-02-09(b)

Accordingly, defendant’s motion for summary judgment is hereby denied and additionally, pursuant to CPLR 3212 (b), the court grants partial summary judgment to the plaintiff dismissing the defendant’s statute of frauds defense.

Section 3212(b) permits a court to search the record and grant summary judgment to a party whose own motion failed to satisfy the section’s requirements, if the record establishes that party’s entitlement to judgment.

Quinones v. Caballero · filed 2005-06-15(b)

Defendant Mills’s motion, having failed to satisfy CPLR 3212 (b)’s requirements, presents the question whether the court may treat a party who unsuccessfully moves for summary judgment the same way as a non-moving party and search the record to grant the unsuccessful moving party summary judgment as well. ... Therefore, the court finds that the record demonstrates all defendants’ entitlement to judgment as a matter of law, which plaintiffs failed to rebut.

CPLR 3212 (b) permits an appellate court to search the record and grant summary judgment to eligible parties.

Hughes v. Solovieff Realty Co. · filed 2005-06-07(b)

An appellate court may search the record and grant summary judgment to eligible parties pursuant to CPLR 3212 (b).

CPLR 3212(b) does not permit a court to grant summary judgment sua sponte when conflicting evidence presents issues of fact requiring a trial.

Rivera v. State · filed 2005-06-10(b)

We conclude that the Court of Claims properly denied claimant’s motion for summary judgment but erred in sua sponte granting summary judgment to defendant pursuant to CPLR 3212 (b). ... We conclude that, in light of the conflicting evidence, there are issues of fact that require a trial (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).

Section 3212(b) permits a court to grant summary judgment on a cross motion even without a cross appeal.

Thomas v. Fall Creek Contractors, Inc. · filed 2005-09-08(b)

This Court is empowered to grant defendants’ respective cross motions for summary judgment dismissing plaintiff’s Labor Law § 240 (1) and § 241 (6) claims even in the absence of a cross appeal (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party only on an issue raised by the motion.

Delaine v. Finger Lakes Fire & Casualty Co. · filed 2005-11-10(b)

The court has the power to search the record and grant partial summary judgment to plaintiff, but “only with respect to [an affirmative defense] or issue that is the subject of the motions before the court” (Dunham v Hilco Constr. Co., 89 NY2d 425, 430 [1996]). Because defendant did not seek summary judgment based upon its ninth affirmative defense, alleging that it has no obligation to provide coverage because the insured property was vacant for more than 30 days prior to the first fire, the court erred in granting partial summary judgment dismissing that affirmative defense (see Sullivan v Troser Mgt., Inc., 15 AD3d 1011, 1012 [2005]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonappealing party.

Popyork, LLC v. 80 Court St. Corp. · filed 2005-11-21(b)

Under these circumstances, we exercise our authority to search the record and grant the plaintiffs cross motion for summary judgment, although it is a ... nonappealing party (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]).

CPLR 3212 (b) permits a court to search the record and award summary judgment to a party on an issue presented by the motion.

New York City Campaign Finance Board v. Snyder · filed 2005-11-21(b)

In the interests of justice and judicial economy, pursuant to the authority granted by CPLR 3212 (b), the court searches the record and awards summary judgment to the defendants to the extent of severing and dismissing the claims contained in the pleading for court-imposed civil penalties to the extent not based upon Board determinations.

Section 3212(b) permits a court to search the record and award summary judgment to a nonmoving party on an issue raised by the motion.

Country Harbor Realty, Inc. v. Sullivan · filed 2005-11-28(b)

Although the plaintiffs purported cross motion was defective (see CFLR 2215), the Supreme Court had the authority to search the record and award summary judgment to a nonmoving party with respect to an issue that was the subject of the motion before the court (see Osborne v Zornberg, 16 AD3d 643, 645 [2005]; Lacy v New York City Hous. Auth., 4 AD3d 455, 456 [2004]; Micciche v Homes by Timbers, 1 AD3d 326, 327 [2003]; CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and award summary judgment to a nonmoving party on an issue raised by the motion.

Halloway v. State Farm Insurance · filed 2005-11-28(b)

Although the defendant did not cross-move for summary judgment, this Court has the authority to search the record and award summary judgment to a nonmoving party with respect to an issue that was the subject of the motion before the Supreme ... Court (see CPLR 3212 [b]; ...).

Section 3212(b) permits a court to search the record and grant summary judgment on other claims when the evidence warrants it.

D'Orazio v. Mainetti · filed 2005-12-08(b)

Moreover, while plaintiff is correct that this Court may search the record and, if warranted, grant summary judgment as to his remaining causes of action (see CPLR 3212 [b]), we are unable to discern any evidentiary basis for doing so.

CPLR 3212(b) permits a court searching the record to award summary judgment to a party who did not appeal.

Joseph v. Layne · filed 2005-12-12(b)

Although the defendant Richardo Layne did not appeal from the denial of his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground of a lack of serious injury, in light of the foregoing, upon searching the record, we award summary judgment to him as well (see CPLR 3212 [b]; Kassim v City of New York, 298 AD2d 431, 432 [2002]; Hernandez v Linhart, 290 AD2d 534, 535 [2002]; Dinkle v Lagala, 246 AD2d 624, 625 [1998]; cf. Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Jason v Danar, 1 AD3d 398, 399 [2003]).

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

Gabberty v. Pisarz · filed 2005-09-22(b)

Both parties have argued vigorously about the application of the statute, and under such circumstances the court may search the record on this summary judgment motion and grant judgment to the non-moving party under the law, even though a claim for the credit under section 465 (1) was not pleaded (CPLR 3212 [b]; see, Sealia v Glielmi, 200 AD2d 615 [1994]; Deborah Intl. Beauty v Quality King Distribs., 175 AD2d 791 [1991]).

Section 3212(b) permits a court to search the record and award summary judgment to a nonmoving party only when the evidence supports that award.

Zilinski v. Graziano · filed 2006-01-17(b)

The Supreme Court erred, however, in searching the record and awarding summary judgment to the defendants pursuant to CPLR 3212 (b). The evidence presented on the motion provided an insufficient basis for an award of summary judgment to the defendants.

CPLR 3212(b) permits a court to search the record and award summary judgment to a party that did not move for it.

Cathedral Fourth Development Corp. v. Board of Assessors & the Assessment Review Commission · filed 2006-01-24(b)

We reverse this disposition and, upon searching the record (see CPLR 3212 [b]), award summary judgment to the appellant denying the petition.

Section 3212(b) permits a court deciding a summary judgment motion to search the record and award judgment on a cause of action beyond the branch of the motion before it.

Kaufman v. Kehler · filed 2006-01-31(b)

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants, that branch of the motion which was for summary judgment dismissing the second cause of action is granted, and upon searching the record, summary judgment dismissing the first cause of action is awarded to the appellants, and the complaint is dismissed.

Section 3212(b) permits a court deciding a summary judgment motion to search the record and dismiss a claim sought by the movant.

Northwestern Mutual Life Insurance v. Uniondale Realty Associates · filed 2006-02-03(b)

Ordered that ... so much of the motion as seeks summary judgment with respect to a prepayment fee or premium is denied, and upon searching the record the claim for such fee is dismissed (CPLR 3212 [b]), and the application is granted in all other respects.

Section 3212(b) allows a court to search the record and award summary judgment to a party that did not move for it.

Triple M. Roofing Corp. v. Farmingdale Union Free School District · filed 2006-02-07(b)

Although Triple M. did not move for summary judgment, under these circumstances, we exercise our authority to search the record and award Triple M. summary judgment on the issue of liability on its first and seventh causes of action in action No. 1 to recover damages for breach of these contracts (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]; Morelli v Giglio, 143 AD2d 986 [1988]).

CPLR 3212(b) permits an appellate court to search the record and grant summary judgment to a nonappealing party on an issue raised by the motion below.

Colon v. Vargas · filed 2006-03-14(b)

Although the defendant Jose Vargas has not appealed, this Court has the authority to search the record and grant summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court (cf. Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]). Upon searching the record, we award summary judgment to Jose Vargas, dismissing the complaint insofar as asserted against him (see CPLR 3212 [b]).

Section 3212(b) lets a court search the record and award summary judgment to a party on an issue raised by another party’s motion, without a cross-motion.

63-65 Corp. v. Prevosti · filed 2006-04-04(b)

Although the defendant did not make a motion for summary judgment, this Court is empowered to search the record and award summary judgment to a party with respect to an issue that was the subject of another party’s summary judgment motion “without the necessity of a cross-motion” (CPLR 3212 [b]; see Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]; Osborne v Zornberg, 16 AD3d 643, 645 [2005]; Urias v Orange County Agric. Socy., 7 AD3d 515, 516-517 [2004]).

Section 3212(b) permits a court to search the record and award summary judgment to the opposing party when no triable issues of fact remain.

Velasquez v. Equity LLC · filed 2006-04-04(b)

Moreover, as there are no triable issues of fact, it is appropriate to search the record and award summary judgment in favor of the defendant, dismissing the complaint (see CPLR 3212 [b]).