N.Y. C.P.L.R. § 3212

Section 3212(b) allows an appellate court to address a cause of action on summary judgment even when the trial court declined to rule on it.

Graber v. Bachman · filed 2006-03-23(b)

Initially, as we are empowered to address the Insurance Law § 5102 cause of action despite Supreme Court’s declination to do so (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110 [1984]), we dismiss that claim for a failure to offer objective medical evidence (see Bissonette v Compo, 307 AD2d 673, 674 [2003]).

CPLR 3212(b) permits a court to search the record and award summary judgment to defendants who joined a motion even though they did not appeal.

Moore v. Sarwar · filed 2006-05-16(b)

Accordingly, we search the record pursuant to CPLR 3212 (b) and award them summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Wilson v Buffa, 294 AD2d 357, 358 [2002]).

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

Piltser v. Donna Lee Management Corp. · filed 2006-05-30(b)

Upon searching the record, we grant Santangelo’s cross motion for summary judgment on the issue of liability on his cross claim against the respondents, and in effect, for summary judgment dismissing the complaint and cross claims insofar as asserted against him, and dismiss the complaint and the cross claim insofar as asserted against him, and award him summary judgment on the issue of liability on his cross claim asserted against the respondents (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and award summary judgment to a party entitled to it.

Coque v. Wildflower Estates Developers, Inc. · filed 2006-07-11(b)

Accordingly, upon searching the record, we award summary judgment to Classic dismissing the cause of action based on Labor Law § 240 (1) insofar as asserted against it (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]).

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.

Smith v. Tenshore Realty, Ltd. · filed 2006-07-25(b)

Moreover, as there are no triable issues of fact, it is appropriate under the circumstances of this case to search the record and award summary judgment in favor of the defendant dismissing the complaint (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 430 [1996]).

Section 3212(b) does not authorize a court to grant summary judgment to the moving party on an unaddressed ground found by searching the record.

Perilla v. Akanda · filed 2006-08-14(b)

In sum, because defendant, as the moving party, bore the burden to demonstrate plaintiff did not sustain a serious injury under any category, CPLR 3212 (b) simply does not authorize the court to grant summary judgment to the moving party, on an unaddressed basis, by searching the record.

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

Ryder Truck Rental, Inc. v. Allstate Insurance · filed 2006-10-10(b)

The Supreme Court properly denied the plaintiffs motion for summary judgment and, upon searching the record, awarded summary judgment to the defendants dismissing the complaint (see CPLR 3212 [b]).

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

Federal National Mortgage Ass'n v. Katz · filed 2006-10-17(b)

Although the defendants did not move for summary judgment, the Supreme Court had the authority pursuant to CPLR 3212 (b) 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 Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Murray v Murray, 28 AD3d 624 [2006]; Goldstein v County of Suffolk, 300 AD2d 441, 442 [2002]). Under the circumstances presented, the Supreme Court properly exercised that authority in awarding summary judgment to the defendants dismissing the complaint.

Section 3212(b) permits an appellate court to search the record and grant summary judgment on a legal ground the prevailing party did not argue.

HGCD Retail Services, LLC v. 44-45 Broadway Realty Co. · filed 2006-11-28(b)

Thus, on this appeal, this Court properly could search the record and grant summary judgment even if Broadway and Bowtie had never argued that the payment of Fixed Minimum Rent was a condition precedent to their obligation to pay the commission (CPLR 3212 [b]; see Carnegie Hall Corp. v City Univ. of NY., 286 AD2d 214, 215 [2001]).

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

Ortega v. City of New York · filed 2006-12-05(b)

Moreover, we exercise our authority to search the record and award summary judgment to the defendant dismissing the cause of action to recover damages for spoliation of evidence insofar as asserted by the plaintiff Manuel Peralta (see CPLR 3212 [b]; Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 31 AD3d 418 [2006]).

Section 3212(b) permits a court searching the record to consider opposition papers that supply missing elements of a movant’s prima facie case for summary judgment.

Barshay v. State Farm Ins. · filed 2006-12-08(b)

Where the missing elements of a movant’s prima facie showing of entitlement to judgment as a matter of law (such as here, plaintiffs submission of the claim forms) are supplied in the opposition papers, it is our opinion that the court may, in its discretion and pursuant to its power to search the record (CPLR 3212 [b]), find that a prima facie case exists, thereby shifting the burden of proof, notwithstanding the evidentiary deficiencies in the moving papers.

Section 3212(b) permits a court to search the record and award summary judgment to a party entitled to it.

Sarantopoulos v. E-Z Cash ATM, Inc. · filed 2006-12-19(b)

Accordingly, the motion for summary judgment in lieu of complaint on the notes was properly denied ... and, upon searching the record (see CPLR 3212 [b]), summary judgment is awarded to E-Z Cash ATM, Inc., E-Z Cash America, Inc., and George Lendrihas dismissing the action to recover on the notes.

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

Only Natural, Inc. v. Realm National Insurance · filed 2007-02-06(b)

Furthermore, upon searching the record (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110 [1984]), we find that Realm and Scottsdale were entitled to summary judgment in their favor.

CPLR 3212(b) permits a court to search the record for summary judgment but does not require it to award judgment on liability when requested.

Robinson v. City of New York · filed 2007-02-06(b)

We reject the plaintiffs’ request that we search the record and award them summary judgment on the issue of liability (see CPLR 3212 [b]).

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

Rmd Produce Corp. v. Hartford Casualty Insurance · filed 2007-02-22(b)

We further note that an appellate court may search the record and grant summary judgment to eligible parties (Hughes v Solovieff Realty Co., L.L.C., 19 AD3d 142, 143 [2005]; CPLR 3212 [b]).

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

Norse Realty Group, Inc. v. Mormando Family Limited Partnership · filed 2007-03-20(b)

Moreover, upon searching the record (see CPLR 3212 [b]), we award summary judgment to the defendants dismissing the complaint.

On a summary judgment motion, the court searches the entire record.

Gonzalez v. Green · filed 2006-12-28(b)

On a summary judgment motion, the court searches the entire record (CPLR 3212 [b]; see, Federal Natl. Mtge. Assn. v Katz, 33 AD3d 755, 755 [2d Dept 2006]). Here, as part of the division of property between the parties that is referred to in the agreement, was the transfer by plaintiff of title to his ski house to defendant.

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

Incorporated Village of Saltaire v. Feustel · filed 2007-05-01(b)

In view of the foregoing, it was appropriate for the Supreme Court to search the record and award summary judgment in favor of the defendants (see CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).

CPLR 3212(b) permits a court to search the record and award summary judgment to a nonmoving party only when a summary judgment motion is pending and the papers place the cause of action in issue.

Santagata v. Vinegar Hill Group, LLC · filed 2007-06-12(b)

However, CPLR 3212 (b) permits the court to search the record where there is a pending motion for summary judgment, and then to award judgment where it is warranted in favor of a nonmoving party as to a cause of action that has been placed in issue by the papers (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]).

Section 3212(b) permits a court to grant summary judgment to a nonmoving party only on a cause of action addressed by the motion.

Scott v. Beth Israel Medical Center, Inc. · filed 2007-06-19(b)

A court may search the record and grant summary judgment in favor of a nonmoving party (CPLR 3212 [b]) only with respect to a cause of action that is the subject of the motion before the court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429 [1996]; Frank v City of New York, 211 AD2d 478, 479 [1995]).

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

Dreznick v. Lenchner · filed 2007-06-26(b)

Moreover, upon searching the record, the court properly awarded the plaintiff summary judgment pursuant to CPLR 3212 (b) on the first cause of action for the return of the engagement ring.

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

Rodless Properties v. Westchester Fire Insurance · filed 2007-05-03(b)

Given the absence of any material issues of fact to be resolved, we search the record and grant summary judgment to Westchester (CPLR 3212 [b]; Levin v 117 Ltd. Partnership, 291 AD2d 304 [2002]).

Section 3212(b) permits a court to search the record and grant summary judgment when the issue can be resolved as a matter of law.

Widawski v. 217 Elizabeth Street Corp. · filed 2007-05-24(b)

However, as to Labor Law § 240 (1) and § 241 (6), since the issue may be resolved as a matter of law, summary judgment should have been granted to 217 Elizabeth upon a search of the record (CPLR 3212 [b]).

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

Simet v. Coleman Co. · filed 2007-07-06(b)

Deeming Newman a nonmoving party and exercising our power to search the record pursuant to CPLR 3212 (b) in connection with the motion of the Lehmans, however, we conclude that the court properly granted summary judgment to Newman.

CPLR 3212(b) permits a court to search the record and grant summary judgment to a party whose motion was previously denied.

Mount Sinai Hospital v. Chubb Group of Insurance Companies · filed 2007-09-11(b)

Ordered that the order dated January 27, 2006 is reversed insofar as appealed from, on the law, with costs, the motion, denominated as one for leave to renew and reargue, but which was, in actuality, one for leave to reargue, is denied, so much of the order dated July 8, 2005, as denied the motion of the plaintiff Mount Sinai Hospital, as assignee of Sidney Weingarten, for summary judgment on the first cause of action is reinstated and, upon searching the record (see CPLR 3212 [b]), that branch of the defendant’s cross motion which was for summary judgment dismissing the first cause of action is granted.

A court may search the record and grant summary judgment to a nonmoving party only on a cause of action or issue raised by a motion before it.

Netjets, Inc. v. Signature Flight Support, Inc. · filed 2007-09-18(b)

Since Signature never moved for summary judgment dismissing that cause of action and no other party moved for summary judgment with respect to that cause of action, vacatur was appropriate, because “a court may search the record and grant summary judgment in favor of a nonmoving party only with respect to a cause of action or issue that is the subject of the motions before the court” (Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; see CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the summary judgment record and dismiss a claim that was not named in the motion when the claim presents an issue already before the court.

Hunter v. R.J.L. Development, LLC · filed 2007-10-16(b)

By contrast, the Supreme Court’s sua sponte dismissal of the plaintiffs cause of action to recover damages for common-law negligence insofar as asserted against the Gardens defendants, who did move to dismiss the Labor Law § 200 cause of action insofar as asserted against them, can be justified as an unarticulated exercise of its power to search the record (see CPLR 3212 [b]). The Gardens defendants never moved to dismiss the common-law negligence cause of action. Yet, this cause of action implicates an issue that was the subject of the motion by the Gardens defendants that was already before the court (cf. Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]).

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.

Gorman v. Town of Huntington · filed 2007-10-30(b)

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]; ...). Pursuant to that authority and in light of our determinations, partial summary judgment is awarded in favor of the plaintiffs dismissing the fourth and fifth affirmative defenses set forth in the Town’s answer, which allege the absence of prior written notice of the sidewalk defect.

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

CN Funding LLC v. Ensig Group Ltd. · filed 2007-10-31(b)

Pursuant to CPLR 3212 (b), having searched the record, the court shall grant defendants summary judgment on their second affirmative defense that alleges that “Defendants received no consideration to support the alleged indebtedness to Plaintiff” and shall enter judgment dismissing the complaint.

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

Northrop v. Thorsen · filed 2007-12-18(b)

Furthermore, for the foregoing reasons, we find that there are no triable issues of fact with respect to the defendant’s liability for legal malpractice. Accordingly, upon searching the record (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112 [1984]), we award summary judgment to the plaintiff on the issue of liability.

CPLR 3212(b) permits a court to search the record and grant summary judgment on a claim even when the party did not move for that relief.

Luby v. Rotterdam Square, L.P. · filed 2008-01-10(b)

Next deciding whether Quay is entitled to summary judgment dismissing Rotterdam’s cross claim for contractual indemnification, as Quay now argues, we note that despite the fact that Quay did not move for such relief, we may nonetheless search the record and grant such judgment if appropriate (see CPLR 3212 [b]; Via Health Home Care, Inc. v New York State Dept. of Health, 33 AD3d 1100, 1102 [2006]; Falsitta v Metropolitan Life Ins. Co., 279 AD2d 879, 881 [2001]).

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

Morris v. Edmond · filed 2008-02-05(b)

Based on the foregoing, we search the record pursuant to CPLR 3212 (b) and award the nonmoving defendant, Reynaldo Edmond, summary judgment dismissing the complaint insofar as asserted against him on the ground that the respondent did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Dunham v Hilco Constr. Co., 89 NY2d 425, 430 [1996]; Merritt Hill *434Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Wilson v Buffa, 294 AD2d 357, 358 [2002]).

Section 3212(b) permits a court deciding a summary judgment motion to search the record and grant judgment to any party without a separate motion seeking that relief.

Schultes v. Kane · filed 2008-04-11(b)

Addressing plaintiffs motion for partial summary judgment, we may search the record and grant judgment to any party without the necessity of a separate motion seeking that relief (see CPLR 3212 [b]).

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

Marrache v. Akron Taxi Corp. · filed 2008-04-22(b)

Moreover, this Court has the authority to search the record and award 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]; Colon v Vargas, 27 AD3d 512, 514 [2006]).

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

Michel v. Blake · filed 2008-06-03(b)

Moreover, this Court has the authority to search the record and award 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]; Marrache v Akron Taxi Corp., 50 AD3d 973 [2008]; Colon v Vargas, 27 AD3d 512, 514 [2006]). Upon searching the record, we award summary judgment to the defendant Kenneth Blake dismissing the complaint insofar as asserted against him (see CPLR 3212 [b]).

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

4400 Equities, Inc. v. Dhinsa · filed 2008-06-17(b)

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs renewed motion for summary judgment is denied and, upon searching the record (see CPLR 3212 [b]), summary judgment is awarded to the defendant dismissing so much of the complaint as seeks to recover damages pertaining to the period from and after July 30, 1998.

Section 3212(b) permits a court to search the record and grant summary judgment dismissing a complaint when the record establishes a basis for dismissal.

Lalasis Trading PTE, Ltd. v. Janata Bank · filed 2008-06-26(b)

Accordingly, in the absence of an exception to sovereign immunity, the court was without subject matter jurisdiction to hear the matter, and, upon searching the record, properly dismissed the complaint (see CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the record and award summary judgment to a defendant who did not appeal.

Kurin v. Zyuz · filed 2008-09-23(b)

Although the defendant Oleksandr B. Zyuz did not file a notice of appeal, we search the record pursuant to CPLR 3212 (b) (see Dunham v Hilco Constr. Co., 89 NY2d 425, 430 [1996]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]), and award summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Morris v Edmond, 48 AD3d at 433; Wilson v Buffa, 294 AD2d 357, 358 [2002]).

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

Parrales v. Wonder Works Construction Corp. · filed 2008-10-07(b)

For that reason,- although the defendants did not cross-move for summary judgment, we search the record and award them summary judgment dismissing so much of the Labor Law § 241 (6) cause of action as was predicated upon an alleged violation of section 23-2.1 (b) (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Coque v Wildflower Estates Devs., Inc., 31 AD3d 484, 488 [2006]).

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

Omar v. Rozen · filed 2008-10-14(b)

Moreover, this Court has the authority to search the record and award summary judgment to the plaintiffs with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Gorman v Town of Huntington, 47 AD3d 30, 40 [2007]; Northrop v Thorsen, 46 AD3d 780, 784 [2007]).

Section 3212(b) does not permit an appellate court to search the record and award summary judgment on an issue that was not before the trial court.

Orden v. Mckasty · filed 2008-10-14(b)

The issue raised on appeal by the defendant Gail R. McKasty as to whether she was an out-of-possession landlord was not before the Supreme Court, and therefore we have no authority to search the record and award summary judgment to her on this issue (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; cf. Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112 [1984]; M.S.B. Dev. Co., Inc. v Lopes, 38 AD3d 723, 725-726 [2007]).

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

Korson v. Preferred Mutual Insurance Co. · filed 2008-10-28(b)

Furthermore, under the circumstances, the record warrants granting the defendant’s request, which it made in the Supreme Court and makes again in this Court, that summary judgment be awarded in its favor, upon searching the record (see CPLR 3212 [b]).

CPLR 3212(b) does not permit summary judgment upon a search of the record when conflicting accounts raise triable issues of fact.

Boockvor v. Fischer · filed 2008-11-05(b)

However, the Supreme Court erred in searching the record and awarding summary judgment to the plaintiffs on the issue of liability.

Section 3212 permits a court to search the record and grant summary judgment on an issue of liability.

Wade v. Atlantic Cooling Tower Servs., Inc. · filed 2008-11-12

Moreover, under the circumstances, we search the record and grant the plaintiffs motion for summary judgment on the issue of liability on his Labor Law § 240 (1) cause of action (see CPLR 3212; Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 [2003]).

Section 3212(b) does not permit a court to search the record and award summary judgment when the evidence leaves a material fact unresolved.

Fajardo v. Clark · filed 2008-12-09(b)

However, since the evidence submitted in opposition to the cross motion did not make it clear that neither Palladino nor Palladino Roofing was the general contractor, it was improper for the Supreme Court to search the record and award them summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) causes of action insofar as asserted against them on that ground (see CPLR 3212 [b]; cf. Mid-Hudson Equip, v Allcity Ins. Co., 282 AD2d 723, 724 [2001]).

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

Perkins v. Kapsokefalos · filed 2008-12-18(b)

It is well settled that “a court has the authority to search the record and grant summary judgment to a nonmoving party” (WFR Assoc. v Memorial Hosp., 14 AD3d 840, 841 [2005]; see CPLR 3212 [b]; Whitman Realty Group, Inc. v Galano, 52 AD3d 505, 506 [2008]; Doin v Bluff Point Golf & Country Club, 262 AD2d 842, 843 [1999], lv denied, 94 NY2d 753 [1999] ). However, such authority “only [applies] to a cause of action or issue that is the subject of the motions before the court” (Dunham v Hilco Constr. Co., 89 NY2d 425, 430 [1996]; see Herron v Essex Ins. Co., 34 AD3d 913, 915 [2006]).

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

Ferebee v. Sheika · filed 2009-01-20(b)

Moreover, this Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Michel v Blake, 52 AD3d 486 [2008]; Marrache v Akron Taxi Corp., 50 AD3d 973 [2008]; Colon v Vargas, 27 AD3d 512, 514 [2006]). Upon searching the record, we award summary judgment to the defendants Jhasmine Rios and Sosa Pablo dismissing the complaint insofar as asserted against them (see CPLR 3212 [b]) on the ground that the plaintiffs failed to raise a triable issue of fact as to whether the injured plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

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

In re Terranova · filed 2009-02-03(b)

Moreover, this Court has the authority to search the record and award summary judgment to the cotrustees with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Omar v Rozen, 55 AD3d 705, 706 [2008]). Upon searching the record, we thus award summary judgment to the cotrustees dismissing the objections in relation to the life insurance commissions received by Borg’s company, and the margin accounts.

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

Garcia v. Lopez · filed 2009-02-17(b)

This Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court (see Michel v Blake, 52 AD3d 486 [2008]; Marrache v Akron Taxi Corp., 50 AD3d 973 [2008]; Colon v Vargas, 21 AD3d 512, 514 [2006]; cf. 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 the denial of its motion.

Valentin v. · filed 2009-02-10(b)

Finally, although defendants Francesco Pomilla and Yvonne M. Pomilla did not appeal from the denial of their cross motion for summary judgment, upon a search of the record, we grant summary judgment to them pursuant to CPLR 3212 (b) (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112 [1984]).

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

Greens at Half Hollow, LLC v. Greens at Half Hollow Homeowners Ass'n · filed 2009-04-21(b)

Accordingly, the Supreme Court properly awarded summary judgment to the petitioners/plaintiffs in matter No. 2, and, upon ... searching the record, awarded summary judgment to the Sponsor in matter No. 1 (see CPLR 3212 [b]).

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

George v. Marshalls of MA, Inc. · filed 2009-04-28(b)

Further, upon searching the record (see CPLR 3212 [b]), Sullivan is awarded summary judgment dismissing that cross claim, as George’s accident was not attributable to any negligence of Sullivan (see Murphy v M.B. Real Estate Dev. Corp., 280 AD2d at 457-458).

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

DiLernia v. Khan · filed 2009-05-05(b)

This Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court ... Upon searching the record, we award summary judgment to the defendants Abdul M. Khan and Jean M. Prince dismissing the complaint insofar as asserted against them on the ground that the injured plaintiff did not sustain a serious injury within the meaning of the no-fault statute (see CPLR 3212 [b]).

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

Madero v. Pizzagalli Construction Co. · filed 2009-05-05(b)

Upon searching the record, we award summary judgment to the defendant Oldcastle Precast, Inc., dismissing the complaint insofar as asserted against it on the grounds described above (see CPLR 3212 [b]).

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

Surace v. Commonwealth Land Title Insurance · filed 2009-05-19(b)

This Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of a motion before the Supreme Court (see Garcia v Lopez, 59 AD3d 593 [2009]; cf. Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]).

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

Rivera v. Bushwick Ridgewood Properties, Inc. · filed 2009-06-02(b)

Nonetheless, this Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court ... Upon searching the record, we award summary judgment to Brathwaite dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see CPLR 3212 [b]).

CPLR 3212(b) permits a court to search the record for summary judgment relief, but the party receiving that relief must establish its entitlement with admissible evidence.

HBE Corp. v. Sirius America Insurance · filed 2009-06-05(b)

Finally, we decline the request of defendant on appeal that, despite its failure to cross-move for a declaration that it has no duty to defend or indemnify plaintiffs, we should nevertheless search the record and grant it that relief (see CPLR 3212 [b]). Defendant failed to “tender . . . evidentiary proof in admissible form” with respect to plaintiffs’ failure to provide timely notice of the occurrence to defendant (Zuckerman, 49 NY2d at 562), and defendant thus failed to establish its entitlement to such a declaration.

Section 3212(b) permits a court to search the record and grant summary judgment, but unresolved factual issues can prevent that relief.

Standard Fire Insurance v. New Horizons Yacht Harbor, Inc. · filed 2009-06-05(b)

Finally, in view of the various issues of fact identified herein, we decline plaintiffs request to search the record and to grant plaintiff summary judgment pursuant to CPLR 3212 (b).

Section 3212(b) requires fair notice and an opportunity to respond before a court awards summary judgment on its own initiative.

Case v. Cayuga County · filed 2009-03-20(b)

We agree with plaintiff, however, that the court erred in sua sponte granting the County defendants summary judgment dismissing the amended complaint against them, and we therefore further modify the order accordingly.

Section 3212(b) permits a court to search the record on a summary judgment motion and dismiss the complaint against all defendants.

Nickolson v. Albishara · filed 2009-04-21(b)

We dismiss the complaint as against ... all defendants upon a search of the record pursuant to CPLR 3212 (b) (see Lopez v Simpson, 39 AD3d 420 [2007]).

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

Marsh v. City of New York · filed 2009-04-21(b)

We dismiss the complaint as against all defendants upon a search of the record pursuant to CPLR 3212 (b) (see Rose v City wide Auto Leasing, Inc., 60 AD3d 520 [2009] [as reflected in the record, action dismissed against all defendants, including those who had not moved for summary judgment], citing Lopez v Simpson, 39 AD3d 420, 421 [2007] [action dismissed against nonappealing defendants who had moved for summary judgment]).

CPLR 3212 (b) permits a court to search the record and award summary judgment to a nonmoving party on an issue raised by the motion, but the record must establish that party’s entitlement to judgment as a matter of law.

Marciano v. Ran Oil Co. East, LLC · filed 2009-06-30(b)

The Supreme Court has the authority, pursuant to CPLR 3212 (b), 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 Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Federal Natl. Mtge. Assn. v Katz, 33 AD3d 755, 756 [2006]; Murray v Murray, 28 AD3d 624 [2006]; Goldstein v County of Suffolk, 300 AD2d 441, 442 [2002]). Contrary to the Supreme Court’s conclusion, however, the record here does not establish that the defendant is entitled to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).

CPLR 3212(b) permits a court to search the record when deciding a summary judgment motion, even when the movant relied on a different ground.

Morales v. Coram Materials Corp. · filed 2009-07-28(b)

Although the defendant Coram Materials Corp. moved for summary judgment dismissing the complaint insofar as asserted against it based only on the General Obligations Law, upon our authority to search the record (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]) and for the reasons stated in our decision and order on the companion appeal (see Morales v Coram Materials Corp., 64 AD3d 756 [2009] [decided herewith]), we affirm the dismissal of the complaint insofar as asserted against Coram Materials Corp.

Section 3212(b) permits an appellate court to search the record and grant summary judgment to a nonappealing party despite the lack of a cross appeal, if that party establishes entitlement to judgment.

Scalamandre & Sons, Inc. v. State · filed 2009-08-13(b)

It is well settled that this Court may, despite the lack of a cross appeal, search the record and grant summary judgment in favor of a nonappealing party (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Bender v Peerless Ins. Co., 36 AD3d 1120, 1121 [2007]). However, defendant did not establish its entitlement to summary judgment dismissing the claim.

Section 3212(b) permits a court to search the record and grant summary judgment when no factual issue prevents judgment.

Reed v. NEA Residential, Inc. · filed 2009-07-02(b)

Finally, we decline the request of plaintiff to search the record and grant summary judgment on the Labor Law § 241 (6) claim pursuant to CPLR 3212 (b). Where, as here, the question of control over the construction project is at issue, summary judgment is inappropriate (see Hall v Miller & Assoc., 167 AD2d 688, 691 [1990]).

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

Emigrant Mortgage Co. v. Karpinski · filed 2009-11-24(b)

Moreover, upon searching the record (see CPLR 3212 [b]), we find that Karpinski is entitled to summary judgment on his first counterclaim (see Real Property Law § 275 [1]).

CPLR 3212(b) permits a court to search the record and award summary judgment to a party whose entitlement is established by that record.

F&T Management & Parking Corp. v. Flushing Plumbing Supply Co. · filed 2009-12-15(b)

Under the circumstances, we search the record pursuant to CPLR 3212 (b) ... and award the plaintiff summary judgment declaring that CYD’s right of first refusal was extinguished.

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

Kaplan v. Great Neck Donuts, Inc. · filed 2009-12-15(b)

Nonetheless, this Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court (see Rivera v Bushwick Ridgewood Props., Inc., 63 AD3d 712, 714 [2009]). Upon searching the record, summary judgment should be awarded to Wat dismissing the complaint insofar as asserted against her on the ground that the plaintiff could not identify the cause of her fall (see CPLR 3212 [b]).

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

McIntosh v. O'Brien · filed 2010-01-05(b)

Upon searching the record, we award summary judgment to the Delgado defendants and the municipal defendants dismissing the complaint and all cross claims insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and award summary judgment to a party entitled to it when no triable issue remains.

McFadden v. Sassower · filed 2010-02-23(b)

Indeed, as we have found that a month-to-month tenancy existed and was terminated by service of the notice of termination, and that no triable issue has been raised by tenant, we search the record and determine that landlord is entitled to summary judgment awarding him a final judgment of possession (see 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.

Four Asteria Realty, LLC v. BCP Bank of North America · filed 2010-03-16(b)

Accordingly, the Supreme Court correctly denied that branch of BCP’s motion which was for summary judgment dismissing the first cause of action to recover damages for breach of the lease insofar as asserted against it, ■ and correctly, in effect, searched the record and awarded summary judgment on the issue of liability in favor of the plaintiff on this cause of action (see CPLR 3212 [b]).

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

Santiago v. Bhuiyan · filed 2010-03-11(b)

Upon a search of the record pursuant to CPLR 3212 (b), we find that the nonappealing defendants’ summary judgment motions should also be granted (see Nicholson v Albishara, 61 AD3d 542 [2009]; Lopez v Simpson, 39 AD3d 420 [2007]).

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

Goldfine v. Sichenzia · filed 2010-05-11(b)

However, while relief should not have been granted to Artesian pursuant to the motion, this Court has the authority to search the record and award summary judgment to a nonmoving and nonappealing party with respect to an issue that was the subject of a motion before the Supreme Court (see Rivera v Port Auth. of N.Y. & N.J., 69 AD3d 917 [2010]; Madero v Pizzagalli Constr. Co., 62 AD3d 670, 673 [2009]; Halloway v State Farm Ins. Cos., 23 AD3d 617, 618 [2005]). Inasmuch as the claims asserted against Artesian are identical to those asserted against Coughlin, upon searching the record, we award summary judgment to Artesian dismissing the complaint insofar as asserted against that defendant (see CPLR 3212 [b]).

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

East End Cement & Stone, Inc. v. Carnevale · filed 2010-05-18(b)

Finally, as the appellants correctly contend, the Supreme Court should not have searched the record (see CPLR 3212 [b]) and awarded summary judgment to the plaintiff on the issue of liability on the fifth cause of action for a refund of the plaintiffs down payment under the option agreement, as this cause of action was not the subject of the appellants’ motion.

Section 3212(b) permits a court to search the record and award summary judgment dismissing identical claims against another defendant.

Sullivan v. Mulinos of Westchester, Inc. · filed 2010-05-18(b)

Inasmuch as the claims asserted against the Trotters defendants are identical to those asserted against the Mulinos defendants, upon searching the record, we award summary judgment dismissing so much of the complaint as sought to recover damages for alleged violations of Alcoholic Beverage Control Law § 65 insofar as asserted against them (see CPLR 3212 [b]).

Section 3212(b) permits a court deciding a summary judgment motion to search the record and award judgment to a nonmoving party, but not to dismiss a claim the motion did not place before the court.

Atiencia v. MBBCO II, LLC · filed 2010-07-01(b)

A court, in the course of deciding a motion, is empowered to search the record and award summary judgment to a nonmoving party (see CPLR 3212 [b]; Lennard v Khan, 69 AD3d 812, 814 [2010]). However, with respect to the June 2009 order, the motion court erred in dismissing the Labor Law § 241 (6) claim against Farrell, as that claim was not placed before the court on plaintiffs’ summary judgment motion (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]).

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

Currier, McCabe & Associates, Inc. v. Maher · filed 2010-07-15(b)

Although plaintiff did not appeal from Supreme Court’s denial of its cross motion for summary judgment, this Court nevertheless has the authority to search the record-and grant plaintiff summary judgment in this matter (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Peter Scalamandre & Sons, Inc. v State of New York, 65 AD3d 774, 777 [2009]; Sherba v Midstate Precast Sys., 230 AD2d 944, 946 [1996]).

Section 3212 allows a court to search the record and grant summary judgment to defendants when the plaintiff’s claims fail.

Finkel v. Dauber · filed 2010-07-22

Facebook is no longer a party defendant, and as the plaintiff has failed to state a cause of action in defamation or negligent entrustment against the named individual defendants, the court in searching the record (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]) grants summary judgment to the defendants and dismisses the complaint.

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

Kearns v. Thilburg · filed 2010-08-31(b)

Further, upon searching the record, we award summary judgment to the defendant in connection with the plaintiffs’ first cause of action, declaring that the plaintiffs do not have a right to continue to use the northerly side of their dock by mooring a boat in front of the property occupied by the defendant (see CPLR 3212 [b]).

Section 3212(b) allows a court to search the record and grant summary judgment to any party on an issue once at least one party has moved for summary judgment.

Miranda v. Norstar Building Corp. · filed 2010-10-28(b)

Where at least one party has moved for summary judgment, both Supreme Court and this Court have the authority to search the record and grant judgment to any party on that issue (see CPLR 3212 [b]; Dickson v Slezak, 73 AD3d 1249, 1250 n 3 [2010]; Schultes v Kane, 50 AD3d 1277, 1278 [2008]).

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

Ruggiero v. State of New York · filed 2010-11-01(b)

Upon searching the record pursuant to CPLR 3212 (b), the claim is dismissed to the extent it alleges a cause of action for wrongful excessive confinement on or before November 9, 2009.

Section 3212(b) permits a court to search the record and grant summary judgment to a party that did not obtain it on its motion.

Great American Restoration Services, Inc. v. Scottsdale Insurance · filed 2010-11-09(b)

Accordingly, upon searching the record (see CPLR 3212 [b]), we grant that branch of Great American’s cross motion which was for summary judgment declaring that Scottsdale is obligated to defend it in the underlying action.

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

Harsch v. City of New York · filed 2010-11-09(b)

Moreover, this Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Garcia v Lopez, 59 AD3d 593 [2009]; Michel v Blake, 52 AD3d 486 [2008]; Colon v Vargas, 27 AD3d 512, 514 [2006]).

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

NJ Lenders Corp. v. Cosentino · filed 2010-11-26(b)

Upon searching the record (see CPLR 3212 [b]), we grant summary judgment to Cosentino and his law firm dismissing the complaint as against them.

Section 3212(b) permits a court to grant summary judgment upon searching the record when the evidence warrants it.

JPMorgan Chase Bank, N.A. v. Rocar Realty Northeast, Inc. · filed 2011-01-04(b)

Summary judgment was also properly granted to Rocar upon a search of the record (CPLR 3212 [b]), as Jefferson, having negotiated Rocar’s rent checks, failed to submit any evidence showing that Rocar had accepted Jefferson’s refund checks.

CPLR 3212(b) allows a court to search the record and grant relief to a nonmoving party, but does not authorize relief to a moving party that failed to meet its initial burden.

LARKIN, LILY v. ROCHESTER HOUSING AUTHORITY · filed 2011-02-10(b)

Although defendant is correct that a court has the authority to search the record and to grant relief to a nonmoving party pursuant to CPLR 3212 (b), defendant has provided no authority that allows a court to search the record and to grant relief to a moving party where, as here, the moving party has failed to meet its initial burden of proof.

Section 3212 permits a court to search the record and award summary judgment to a nonappealing party on an issue raised by the motions below.

Mack v. Brown · filed 2011-03-08(b)

This Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motions before the Supreme Court ... Accordingly, upon searching the record, and in the interest of judicial economy, summary judgment must also be awarded in favor of the funeral home.

Section 3212(b) permits a court to search the record and grant summary judgment when no material issue of fact remains.

Mini Mint Inc. v. Citigroup, Inc. · filed 2011-04-26(b)

Given the absence of any material issues of fact, we search the record and grant summary judgment to defendant with respect to the complaint’s first cause of action (see CPLR 3212 [b]; Rodless Props., L.P. v Westchester Fire Ins. Co., 40 AD3d 253, 254-255 [2007], lv denied 9 NY3d 815 [2007]).

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

Rovelo v. Volcy · filed 2011-04-26(b)

“Nonetheless, this Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court” (Rivera v Bushwick Ridgewood Props., Inc., 63 AD3d 712, 714 [2009]; see Belafrikh v Tarzan Cab Corp., 69 AD3d 777, 778 [2010]; Colon v Vargas, 27 AD3d 512, 514 [2006]). Upon searching the record, we award summary judgment to Galasso dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see CPLR 3212 [b]; McIntosh v O’Brien, 69 AD3d 585, 588 [2010]).

Section 3212(b) allows a court to search the record on a summary judgment motion, but summary judgment is unavailable when a material factual question remains.

Chan v. Y & Development Corp. · filed 2011-03-15(b)

However, we do not agree with the plaintiffs’ argument that they are entitled to an award of summary judgment based on a search of the record (CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and award summary judgment when the issue was before it and no triable issue of fact remains.

Vassar College v. Diamond State Insurance · filed 2011-05-10(b)

Furthermore, since the issue of the priority of insurance coverage obligations was the subject of the motion and cross motion before the Supreme Court, and there are no triable issues of fact regarding the proper priority, we search the record and award the plaintiffs partial summary judgment declaring that the UE umbrella policy is excess to any coverage provided to Vassar by Diamond and Scottsdale (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]).

Section 3212(b) permits a court to search the record and award summary judgment to a nonappealing party on an issue raised in a motion before the trial court.

Lewars v. Transit Facility Management Corp. · filed 2011-05-24(b)

Although Genic did not take an appeal from the order denying his motion, this Court may search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of a motion before the Supreme Court (see Rovelo v Volcy, 83 AD3d 1034 [2d Dept 2011]; Rivera v Bushwick Ridgewood Props., Inc., 63 AD3d 712, 714 [2009]).

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

Cocom-Tambriz v. Surita Demolition Contracting, Inc. · filed 2011-05-31(b)

Moreover, 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]; Harsch v City of New York, 78 AD3d 781, 784 [2010]; Nassau Plaza Assoc., L.P. v Greater N.Y. Mut. Ins. Co., 74 AD3d 1159, 1160 [2010]). Accordingly, upon searching the record, we award summary judgment to the defendants/third-party plaintiffs on the issue of whether the plaintiff sustained a grave injury.

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

Loughman v. Loughman · filed 2011-06-28(b)

In light of our determination that the plaintiff is liable to Ditech for the balance of the loan, upon searching the record, we award summary judgment to the plaintiff dismissing the third counterclaim to recover damages for unjust enrichment (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party on an issue raised by the motion if that party shows entitlement to judgment as a matter of law.

Castillo v. Balsamo Rosenblatt & Cohen, P.C. · filed 2011-06-30(b)

While the court has the authority to search the record and grant summary judgment to a nonmoving party with respect to an issue that was the subject of the motion before the court ... the defendant ... has similarly failed to demonstrate its entitlement to judgment as a matter of law.

Section 3212(b) permits a court to search the record and grant summary judgment on an informal request.

Steglich v. Board of Education of the City School District · filed 2011-08-12(b)

For the reasons explained above, plaintiffs’ motion must be denied, and upon a search of the record pursuant to CPLR 3212 (b), intervenor-defendants’ informal request for summary judgment granted, and the action dismissed.

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

FARM FAMILY CASUALTY INSURANCE COMP v. BRADY FARMS, INC. · filed 2011-09-30(b)

Finally, in view of the uncontroverted proof in the record that the workers’ compensation award issued against defendant in connection with decedent’s death is outside the scope of coverage for defendant under the Package policy, we exercise our power to search the record and grant summary judgment to plaintiff (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111).

Section 3212(b) does not permit a court to search the record and dismiss a claim when the defendant’s liability to the plaintiff was not before the court.

O'Buckley v. County of Chemung · filed 2011-10-20(b)

The Town’s contention that Supreme Court had the authority to search the record and dismiss plaintiff’s ... complaint against it is unavailing (see CPLR 3212 [b]), as the issue of the Town’s liability to plaintiff was not before the court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; cf. Wells Fargo Bank Minn., N.A. v Garrasi, 80 AD3d 1061, 1063 [2011]).

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

Brighton Investment, Ltd. v. Har-Zvi · filed 2011-10-27(b)

... and, upon denying defendant’s cross motion, could have searched the record to grant judgment to plaintiff on this issue (see CPLR 3212 [b]; Siegel, NY Prac § 282, at 466-467 [4th ed]). This Court may also exercise that power (see Shields v Carbone, 78 AD3d 1440, 1443 n 2 [2010]; Schultes v Kane, 50 AD3d 1277, 1278 [2008]). We conclude that plaintiff is entitled to partial summary judgment dismissing this affirmative defense.

Section 3212(b) permits a court to search the record and resolve an issue sua sponte to avoid further litigation and delay.

Goldstein v. 12 Broadway Realty LLC · filed 2011-11-22(b)

Although the court had previously determined that the issue of the selection of a third appraiser was premature, it properly searched the record and resolved the issue sua sponte in this case in order to avoid further litigation and delay (see CPLR 3212 [b]).

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

Finn v. Church for Art of LivIng, Inc. · filed 2011-12-20(b)

Accordingly, Finn did not satisfy his prima facie burden of establishing entitlement judgment as a matter of law, and upon searching the record (see CPLR 3212 [b]), the purchaser is entitled to summary judgment dismissing the complaint insofar as asserted against it, with a direction that the funds in the escrow account be turned over to the purchaser.

Section 3212(b) permits a court to search the record and grant summary judgment, but a res ipsa loquitur claim warrants that relief only when the inference of negligence is inescapable.

GAGNON, JR., JOSEPH F. v. ST. JOSEPH'S HOSPITAL · filed 2011-12-30(b)

We decline the request of plaintiffs to search the record and grant summary judgment on liability with respect to the cause of action against the Montgomery defendants and Dr. Kelley on the theory of res ipsa loquitur pursuant to CPLR 3212 (b). “[O]nly in the rarest of res ipsa loquitur cases may . . . plaintiff[s] win summary judgment . . . That would happen only when the plaintiff[s’] circumstantial proof is so convincing and the defendant[s’] response so weak that the inference of defendant[s’] negligence is inescapable” (Morejon v Rais Constr. Co., 7 NY3d 203, 209), and that is not the case here (see Dengler v Posnick, 83 AD3d 1385, 1386).

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

ATM One, LLC v. Incorporated Village of Hempstead · filed 2012-01-10(b)

Thus, the defendant’s motion is denied, and we search the record and award the plaintiffs summary judgment declaring that chapter 106 is unconstitutional (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]).

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

Parker v. 205-209 East 57th Street Associates, LLC · filed 2012-11-07(b)

Although the defendants did not appeal from so much of the order as denied that branch of their motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 241 (6), this Court has the authority to search the record and award summary judgment to a nonappealing party with respect to an issue that was the subject of the motion before the Supreme Court ... Upon searching the record, we award summary judgment to the defendants dismissing the cause of action alleging a violation of Labor Law § 241 (6) (see 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.

Branch Services, Inc. v. Cooper · filed 2013-01-09(b)

Upon our authority to search the record and award summary judgment to the nonmoving party with respect to an issue that was the subject of the motion before the Supreme Court (see CPLR 3212 [b]), we award summary judgment to the defendant dismissing the cause of action to recover on an account stated.

Section 3212(b) permits an appellate court reviewing a summary judgment motion to search the record and consider whether another party is entitled to summary judgment.

Miller v. New York University · filed 2013-03-12(b)

Although plaintiff did not take an appeal from the pretrial order insofar as it aggrieved him, the question of his entitlement to summary judgment was before us upon defendants’ appeal from the same order by virtue of our power to search the record in reviewing the denial of defendants’ cross motion for that relief (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and award summary judgment to the nonmoving party when the issue was before the court and no triable facts remain.

Ortiz v. Fage USA Corp. · filed 2013-04-03(b)

Since the issue of Utica’s obligation to defend and indemnify Fage in the underlying action was the subject of the motion for summary judgment before the Supreme Court, and there are no triable issues of fact regarding Utica’s obligation, we search the record and award summary judgment to Utica declaring that it is not obligated to defend and indemnify Fage in the underlying action under the umbrella policy (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]).

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

Meadowbrook Farms Homeowners Ass'n v. JZG Resources, Inc. · filed 2013-04-10(b)

Accordingly, since, inter alia, there is no triable issue of fact as to when the plaintiffs causes of action accrued, upon searching the record, we award summary judgment to the plaintiff dismissing the affirmative defense based on the statute of limitations (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]; Merritt Hitt Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 [1984]).

Section 3212(b) does not authorize a court to search the record and grant summary judgment on an issue neither party raised in its motion.

Castlepoint Insurance v. Moore · filed 2013-04-09(b)

Moreover, the issue of B & P’s liability for common-law contribution and/or indemnification and contractual indemnification as between it and the Moore defendants was not raised by either B & P’s motion for summary judgment nor the Moore defendants’ motion for summary judgment and, therefore, Supreme Court did not have the authority to search the record on that issue and award summary judgment to B & P dismissing the Moore defendants’ cross claims (see CPLR 3212 [b]; Dunham v Bilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Quizhpe v Luvin Constr., 70 AD3d 912 [2d Dept 2010]; Filannino v Triborough Bridge & Tunnel Auth., 34 AD3d 280, 281 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]).

Section 3212(b) permits a court to search the record and grant summary judgment on a cause of action placed before it by a party’s motion.

CHARTER SCHOOL FOR APPLIED TECHNOLO v. BD OF ED FOR CITY OF BUFFALO · filed 2013-04-26(b)

Upon exercising our power to search the record (see CPLR 3212 [b]; see generally Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111-112), we grant summary judgment in favor of defendant dismissing the first cause of action, and we further modify the amended order accordingly.

Section 3212(b) permits a court to search the record and grant summary judgment on a cause of action placed before it by a party’s motion, even if the opposing party’s cross motion did not specifically address that issue.

Charter School for Applied Technologies v. Board of Education · filed 2013-04-26(b)

Although it does not appear that defendant specifically addressed this issue in its cross motion, we may search the record notwithstanding that failure because that cause of action was the subject of plaintiffs’ motion, which placed the issue before the motion court (see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Simet v Coleman Co., Inc., 42 AD3d 925, 927 [2007]).

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

New Hampshire Insurance v. MF Global, Inc. · filed 2013-07-16(b)

The motion court acted improvidently, however, in searching the record and determining as a matter of law that Dooley was an “employee” under the bonds.

Section 3212(b) permits a court to search the record when deciding summary judgment, but the court may decline to do so.

Gammons v. City of New York · filed 2013-07-17(b)

Finally, we decline to search the record (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425 [1996]) and award the plaintiff summary judgment on the issue of liability on the General Municipal Law § 205-e cause of action.

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

Jasinski v. Hudson Pointe Homeowners Ass'n · filed 2013-08-26(b)

The court further exercises its discretion to search the record and finds that plaintiffs are entitled to summary judgment dismissing the counterclaim (see CPLR 3212 [b]; Miranda v Norstar Bldg. Corp., 79 AD3d 42, 49 n 3 [2010]; Dickson v Slezak, 73 AD3d 1249, 1250 n 3 [2010]).

CPLR 3212(b) does not authorize a court to search the record and grant summary judgment on an issue neither party raised in its motion.

Castlepoint Insurance v. Moore · filed 2013-09-17(b)

Moreover, the issue of B & P’s liability for common-law contribution and/or indemnification and contractual indemnification as between it and the Moore defendants was not raised by either B & P’s motion for summary judgment nor the Moore defendants’ motion for summary judgment and, therefore, Supreme Court did not have the authority to search the record on that issue and award summary judgment to B & P dismissing the Moore defendants’ cross claims (see CPLR 3212 [b]; Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430 [1996]; Quizhpe v Luvin Constr., 70 AD3d 912 [2d Dept 2010]; Filannino v Triborough Bridge & Tunnel Auth., 34 AD3d 280, 281 [1st Dept 2006], appeal dismissed 9 NY3d 862 [2007]).

CPLR 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party when the record shows no triable issue of fact.

Juett v. Lucente · filed 2013-12-12(b)

Supreme Court thus correctly denied plaintiffs motion, but defendants urge this Court to go further and “exercise our power to search the record and grant partial summary judgment [to defendants] dismissing plaintiff[’s] Labor Law § [240 (1)] claim” (Kropp v Town of Shandaken, 91 AD3d 1087, 1091 [2012]; see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111 [1984]). Even viewing the evidence in the light most favorable to plaintiff, “there are no triable issues of fact regarding” defendants’ liability under Labor Law § 240 (1) (Ortiz v Fage USA Corp., 105 AD3d 720, 722 [2013]; see DiBartolomeo v St. Peter’s Hosp. of the City of Albany, 73 AD3d 1326, 1327 [2010]). Inasmuch as granting summary judgment to defendants is thus fully warranted by the record and would serve the interest of judicial economy under the circumstances presented here, we grant such relief (see Kropp v Town of Shandaken, 91 AD3d at 1091; Falsitta v Metropolitan Life Ins. Co., 279 AD2d 879, 881 [2001]).

Section 3212(b) permits a court to search the record and grant summary judgment to parties who did not pursue their appeal when the same dispositive issue applies to them.

Lorenzo v. Ortiz Funeral Home Corp. · filed 2014-01-23(b)

Upon a search of the record, summary judgment is also granted to defendants E.S.D. Corp. and Corky’s Restaurant since the issue of duty to repair the defect is identical as it relates to them, notwithstanding their failure to pursue their appeal (see Brewster v FTM Servo, Corp., 44 AD3d 351 [1st Dept 2007]; 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.

Morris v. Pavarini Construction · filed 2014-02-20(b)

The Appellate Division, with one Justice dissenting, reversed on the law, and, upon a search of the record, granted summary judgment to plaintiff (98 AD3d at 841). ... Therefore, the Appellate Division properly reversed Supreme Court’s order and, moreover, did not abuse its discretion as a matter of law by granting summary judgment to plaintiff (see generally Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111 [1984]; see also CPLR 3212 [b]).

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

Admiral Indemnity Co. v. Chernoff · filed 2014-04-29(b)

Thus, the motion court correctly awarded Electrolux summary judgment dismissing the negligence cause of action as against it upon a search of the record (see CPLR 3212 [b]; McDougal v Apple Bank for Sav., 200 AD2d 418, 419 [1st Dept 1994]).

Section 3212(b) requires the court to search the record when deciding a summary judgment motion.

Clune v. Moore · filed 2014-08-01(b)

Because plaintiff has incorporated by reference the arguments advanced by Dr. Moore, and because the court must search the record with respect to a motion for summary judgment (CPLR 3212 [b]), the complaint cannot be dismissed.

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

Carrasco v. Weissman · filed 2014-08-13(b)

Further, under the circumstances presented here, we exercise our authority to search the record and both deny that branch of the plaintiffs cross motion which was for summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action insofar as asserted against the owners, and award summary judgment to the owners dismissing the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against them (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Parker v 205-209 E. 57th St. Assoc., LLC, 100 AD3d 607, 608-609 [2012]; Lopez-Dones v 601 W. Assoc., LLC, 98 AD3d 476, 479-480 [2012]).

Section 3212(b) permits a court to search the record and award partial summary judgment on liability.

Blanco v. NBC Trust No. 1996A · filed 2014-11-06(b)

Given the undisputed evidence as to how the accident occurred, and absence of evidence showing that plaintiff was the sole proximate cause of the accident (see Orellano v 29 E. 37th St. Realty Corp., 292 AD2d 289 [1st Dept 2002]; cf. Noble v 260-261 Madison Ave., LLC, 100 AD3d 543 [1st Dept 2012]), we grant plaintiff partial summary judgment on the issue of liability based upon a search of the record (see Montalvo v J. Petrocelli Constr., Inc., 8 AD3d 173, 175-176 [1st Dept 2004]; CPLR 3212 [b]).

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

Miranda v. NYC Partnership Housing Development Fund Co. · filed 2014-11-13(b)

Although defendants did not move for summary judgment dismissing plaintiff’s Labor Law § 241 (6) claims, this Court finds, upon a search of the record, that the section 241 (6) claim, insofar as it is predicated on a violation of 12 NYCRR 23-1.7 (f), should be dismissed (see CPLR 3212 [b]; Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 111 [1984]).

Section 3212(b) permits a court to search the record and dismiss a cause of action even when the ground for dismissal was not previously raised or considered.

70 Pinehurst Avenue LLC v. RPN Management Co. · filed 2014-12-30(b)

Upon a search of the record, we conclude that the third cause of action, nuisance, should be dismissed as duplicative of the negligence cause of action, although this argument was not previously made or considered (CPLR 3212 [b]; see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110 [1984]).

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.

Aries Financial, LLC v. 12005 142nd Street, LLC · filed 2015-04-15(b)

In light of the foregoing determination, and upon our 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]; Homecomings Fin., LLC v Guldi, 108 AD3d 506, 509 [2013]), we award Aries summary judgment dismissing the fifth cause of action, which alleged violations of Real Property Law § 265-a.

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

Bernal v. 521 Park Avenue Condo · filed 2015-05-13(b)

Moreover, since the plaintiffs failed to raise a triable issue of fact as to whether there was a dangerous condition on the property, the Supreme Court properly exercised its authority pursuant to CPLR 3212 (b) in searching the record and awarding summary judgment to the nonmoving party, the defendant 521 Park Avenue Condo, with respect to an issue that was the subject of the motion before the court (see Utility Audit Group v Apple Mac & R Corp., 59 AD3d 707, 708 [2009]).

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

Five Towns Nissan, LLC v. Universal Underwriters Insurance · filed 2015-02-26(b)

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered January 22, 2014, which, to the extent appealed from, granted plaintiffs motion for partial summary judgment, unanimously reversed, on the law, without costs, the motion denied, and, upon a search of the record, partial summary judgment granted in favor of defendant Tower National Insurance Company. ... As there is no issue as to the application of the policy terms excluding losses due to the flooding that plaintiff claims, we grant partial summary judgment to defendant insurance company and make a declaration of no coverage (see CPLR 3212 [b]; Fineman Family LLC v Third Ave. N. LLC, 90 AD3d 549, 551 [1st Dept 2011]).

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

Russkaya Reklama, Inc. v. Milman · filed 2015-03-30(b)

Accordingly, the order is reversed, plaintiffs motion for summary judgment in lieu of complaint is denied, upon a search of the record, defendant is awarded reverse summary judgment dismissing the action (see CPLR 3212 [b]), and the matter is remitted to the Civil Court for the entry of a judgment in accordance with General Obligations Law § 5-511 (2).

Section 3212(b) permits a court to search the record and award summary judgment when a party’s entitlement to it is established.

Reyes v. Se Park · filed 2015-04-09(b)

Although the Vogel defendants have not submitted a respondents’ brief on appeal, upon a search of the record (see CPLR 3212 [b]), we find that they also established their entitlement to summary judgment dismissing the complaint as against them.

CPLR 3212(b) does not permit a court to award summary judgment after searching the record when a material factual dispute requires credibility determinations.

Bergmann v. Spallane · filed 2015-06-04(b)

However, because the factual issue as to whether plaintiffs used the disputed property with permission cannot be resolved without resort to assessments of credibility, the court erred in granting summary judgment to plaintiffs on the adverse possession claim, and that aspect of the order must be reversed (see CPLR 3212 [b]; see generally Weinstein-Korn-Miller, NY Civ Prac ¶ 3212.08 [2d ed 2014]).

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

William J. Jenack Estate Appraisers & Auctioneers, Inc. v. Rabizadeh · filed 2015-09-02(b)

Ordered that the order is reversed, on the law, with costs, that branch of the defendants’ cross motion which was for summary judgment dismissing the complaint is denied, the plaintiff’s motion pursuant to CPLR 3214 to compel the defendants to appear for depositions is granted, and, upon searching the record pursuant to CPLR 3212 (b), the plaintiff is awarded summary judgment on the issue of liability on its second cause of action.

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.

Sang Woon Lee v. Choi · filed 2015-10-28(b)

Furthermore, since the plaintiffs failed to raise a triable issue of fact, the Supreme Court properly exercised its authority pursuant to CPLR 3212(b) in searching the record and awarding summary judgment to the nonmoving parties, KTN and Il Mook Choi, with respect to an issue that was the subject of the motion before the court ( see Bernal v 521 Park Ave. Condo , 128 AD3d 750).

Section 3212(b) allows a court to search the record when considering summary judgment, but the court may decline to do so when the record is inadequate.

BAC Home Loans Servicing, LP v. Bixby · filed 2016-01-07(b)

Finally, we decline plaintiff's invitation to search the anemic record before us and grant it summary judgment (see CPLR 3212 [b]).

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

Arista Real Estate Holdings, Inc. v. Kemalettin · filed 2015-11-18(b)

Moreover, 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) allows a court to search the record and award summary judgment to a nonmoving party on issues raised by the motion.

Rubiano v. Kelly · filed 2016-02-10(b)

This Court has the authority to search the record and award summary judgment to a nonmoving party with respect to issues that were the subject of the motion before the Supreme Court (see CPLR 3212 [b]; Arista Real Estate Holdings, Inc. v Kemalettin, 133 AD3d 696 [2015]).

Section 3212(b) does not permit a court to search the record and award summary judgment to a nonmoving party when triable issues of fact remain.

Exit Empire Realty v. Zilelian · filed 2016-03-02(b)

However, since there are triable issues of fact on this record, including whether the subject property was sold during the six-month period that the exclusive listing agreement was in effect, the Supreme Court improperly, in effect, searched the record and awarded summary judgment to the defendant dismissing the complaint (see CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment dismissing an action in its entirety.

Camuso v. Brooklyn Portfolio, LLC · filed 2016-03-08(b)

Consequently, summary judgment dismissing Action No. 2 in its entirety must be granted ( see CPLR 3212 [b]). ... Upon a search of the record, Action No. 2 is hereby dismissed in its entirety, and Camuso's motion for judgement on his second cause of action in Action No. 1 is denied.

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

Henning v. 17 Murray Rest Corp. · filed 2016-03-30(b)

The argument raised by the defendant 17 Murray Rest Corp. is not properly before this Court (see CPLR 5511) and, under the circumstances, we decline to search the record and award that defendant summary judgment dismissing Maggipinto’s cross claim against it for indemnification (cf. CPLR 3212 [b]).

Section 3212(b) permits a court to search the record and grant summary judgment to a nonmoving party when the material facts are undisputed.

In Re the Estate of Shambo · filed 2016-04-07(b)

Since there is no factual dispute as to the sequence of events outlined above, Surrogate's Court, upon searching the record, should have granted summary judgment confirming the priority of Wells Fargo's claim over that of petitioner (see CPLR 3212 [b]). Given our authority to search the record and grant summary judgment to a nonmoving or nonappealing party (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110, 111 [1984]; Johnson v Zelanis, 113 AD3d 899, 901-902 [2014]), we now grant such relief to Wells Fargo.

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

Lapidus v. 1050 Tenants Corp. · filed 2016-04-13(b)

Moreover, 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]; Cocom-Tambriz v Surita Demolition Contr., Inc., 84 AD3d 1300, 1301 [2011]; Harsch v City of New York, 78 AD3d 781, 784 [2010]).

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

Stallsworth v. Stallsworth · filed 2016-04-27(b)

Moreover, the Supreme Court properly, in effect, searched the record and awarded summary judgment to the defendant Darrell Stallsworth dismissing the complaint insofar as asserted against him on the same ground, lack of standing (see CPLR 3212 [b]).

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

Kweku v. Thomas · filed 2016-11-30(b)

Under the unique and compelling circumstances of this case, and given the wealth of evidence which supports judgment in favor of the defendants, we search the record and award summary judgment to the defendants dismissing the complaint (see Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-111 [1984]; Rubiano v Kelly, 136 AD3d 780, 782 [2016]).

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

Monroe Equities, LLC v. State of New York · filed 2016-12-07(b)

Furthermore, the Court of Claims did not improvidently exercise its discretion in searching the record on the claimant’s motion and awarding summary judgment to the defendant dismissing the claim on the ground that the record established that no taking had occurred (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.

Guarino v. Shebitz, Berman Cohen & Delforte, PC. · filed 2016-12-28(b)

Thus, defendant's motion for summary judgment on the counterclaim should have been denied and, upon searching the record pursuant to CPLR 3212(b), [*2] summary judgment granted to plaintiff dismissing the counterclaim.

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

City of New York v. Wausau Underwriters Insurance Co. · filed 2016-12-29(b)

Furthermore, even in the absence of a cross appeal by defendant Wausau, this Court is authorized to search the record and to grant summary judgment in favor of Wausau as to those causes of action seeking a declaration as to Wausau’s duty to defend the City and to recover the costs of defense in Ramsar- ran.

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

Equity Investment & Mortgage Co. v. Smith · filed 2017-03-21(b)

However, a court, in deciding a timely motion, may search the record and award summary judgment to a nonmoving party (see CPLR 3212 [b]; Wernicki v Knipper, 119 AD3d 775 [2d Dept 2014]).

A court deciding a summary judgment motion may search the record and grant judgment to a nonmoving party without a cross motion, but its search is limited to the claims or issues raised by the motion.

MARTINEZ, JACOB v. CITY OF BUFFALO · filed 2017-04-28(b)

We begin by observing that, although defendants did not move for summary judgment on the issue of reckless disregard, it is well settled that a court deciding a motion for summary judgment is empowered to search the record and may, even in the absence of a cross motion, grant summary judgment to a nonmoving party (see generally CPLR 3212 [b]; Horst v Brown, 72 AD3d 434, 437, appeal dismissed 15 NY3d 743). Although the court’s search of the record is limited to those causes of action or issues that are the subject of the motion (see Mercedes-Benz Credit Corp. v Dintino, 198 AD2d 901, 901-902), here plaintiff’s motion sought to have the court apply the ordinary negligence standard. Thus, we conclude that the court was authorized to reach the reckless disregard issue and grant summary judgment in favor of the nonmoving party.

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

Westhampton Beach Associates, LLC v. Incorporated Village of Westhampton Beach · filed 2017-06-07(b)

Accordingly, that branch of the plaintiffs cross motion which was for summary judgment declaring that Village Code § 197-63 (Q) (2) is unconstitutionally vague must be denied, and, upon searching the record (see CPLR 3212 [b]), we award summary judgment to the defendants declaring that the subject code provision is not unconstitutionally vague.

Section 3212(b) permits a court to decline a request to search the record on a summary judgment motion.

Tomasulo v. Village of Freeport · filed 2017-06-28(b)

Under the circumstances, we decline the appellants’ request to search the record (see generally CPLR 3212 [b]; Ginter v Flushing Terrace, LLC, 121 AD3d 840, 845 [2014]; Gammons v City of New York, 109 AD3d 189, 203 [2013], affd 24 NY3d 562 [2014]).

Searching the record under CPLR 3212(b) does not warrant summary judgment when the party seeking it has not established entitlement to judgment as a matter of law.

Herbold v. LaBarre · filed 2017-07-20(b)

To the extent that defendant asks us to search the record and grant him summary judgment (see CPLR 3212 [b]; Peter Scalamandre & Sons, Inc. v State of New York, 65 AD3d 774, 777 [2009]), defendant’s reliance on historical maps was not sufficient to establish, as matter of law, chain of title dependent on a lost deed.