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SOTO v. DECO TOWERS ASSOCIATES LLC

12308, 304704/10

116 A.D.3d 619 (2014)

983 N.Y.S.2d 800

2014 NY Slip Op 2853

VICTOR SOTO, Respondent, v. DECO TOWERS ASSOCIATES, LLC, et al., Appellants, et al., Defendant.

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

Decided April 24, 2014.

A court may search the record and grant relief only with respect to a claim on which summary judgment is sought (see New Hampshire Ins. Co. v MF Global, Inc., 108 A.D.3d 463, 467 [1st Dept 2013]). Since defendants' summary judgment motion, addressed to plaintiff's Labor Law claims, did not seek dismissal of plaintiff's common-law negligence claim, the court, upon reargument, properly reinstated the claim. Moreover, questions of fact...

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