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VECCHIO v. LACK

131 A.D.2d 465 (1987)

Patrick R. Vecchio, Respondent-Appellant, v. James Lack et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 1, 1987

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Although the defendants never cross-moved for summary judgment, they may raise on appeal Special Term's failure to grant them that relief because both Special Term and this court have the authority pursuant to CPLR 3212 (b) to search the record and award summary judgment to a nonmoving party (Merritt Hill Vineyards...

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