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SANTAGATA v. VINEGAR HILL GROUP, LLC

41 A.D.3d 576 (2007)

837 N.Y.S.2d 342

A.L. SANTAGATA, Respondent, v. VINEGAR HILL GROUP, LLC, et al., Appellants.

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

Decided June 12, 2007.

Ordered that the judgment is reversed, on the law, with costs, and the order is vacated.

The Supreme Court erred in searching the record and awarding summary judgment to the plaintiff. The record reflects that the only motion before the court was the plaintiff's motion for a jury trial, which the defendants opposed. The Supreme Court characterized its action as "searching the record" pursuant to CPLR 3212 (b). However, CPLR 3212 (b) permits the court to search the...

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