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DUNHAM v. HILCO CONSTR. CO.

89 N.Y.2d 425 (1996)

676 N.E.2d 1178

654 N.Y.S.2d 335

James Dunham, Appellant, v. Hilco Construction Company, Inc., Respondent, et al., Defendants. (And Two Third-Party Actions.)

Court of Appeals of the State of New York.

Decided December 19, 1996.

Attorney(s) appearing for the Case

Steven Wildstein, Greak Neck, for appellant.

Ahmuty Demers & McManus, Albertson (Frederick B. Simpson of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

This personal injury action calls upon us to define the extent to which a court can search the record pursuant to CPLR 3212 (b) and award summary judgment to a nonmoving party. Here, by itself granting defendant summary judgment on an issue that was not presented in the motion papers, the Appellate Division exceeded its statutory power. We therefore reverse the Appellate Division's dismissal...

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