Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, so much of the order dated January 24, 2002, as searched the record and granted summary judgment to the defendants is vacated, and the complaint is reinstated.
"The Supreme 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 motions before the court'" (Aguirre v Castle Am...
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