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EY v. MECCA

41 A.D.3d 534 (2007)

839 N.Y.S.2d 103

MICHELLE EY, Respondent, v. THOMAS MECCA et al., Defendants, and ROSARIO CHIARELLI, Appellant.

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

Decided June 12, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs.

While the Supreme Court has the power to award summary judgment to a nonmoving party predicated upon a motion for that relief by another party (see Dunham v Hilco Constr. Co., 89 N.Y.2d 425 [1996]), it may do so only with respect to a cause of action or issue that is the subject of the motion before...

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