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BROOKS v. CITY OF NEW YORK

212 A.D.2d 435 (1995)

622 N.Y.S.2d 757

Gerard Brooks et al., Appellants, v. City of New York, Respondent

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

February 16, 1995

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 A.D.2d 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...

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