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SADKIN v. RASKIN & RAPPOPORT, P. C.

271 A.D.2d 272 (2000)

707 N.Y.S.2d 400

MARY SADKIN, Appellant-Respondent, v. RASKIN & RAPPOPORT, P. C., et al., Respondents, and DIAHN W. McGRATH, Respondent-Appellant, et al., Defendants.

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

Decided April 13, 2000.

A motion for summary judgment on one claim or defense does not provide a basis for searching the record and granting summary judgment on an unrelated claim or defense (Frank v City of New York, 211 A.D.2d 478, 479). Here, the Raskin defendants' motion for summary judgment was based entirely on the argument that plaintiff could not have succeeded in the underlying wrongful death action...

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