Legal Opinion
Dunham v. Hilco Construction Co.
New York Court of Appeals
Decided December 19, 1996PublishedCited by 307 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This personal injury action calls upon us to define the extent to which a court can search the record pursuant to CPLR 3212 (b) and award summary judgment to a nonmoving party. Here, by itself granting defendant summary judgment on an issue that was not presented in the motion papers, the Appellate Division exceeded its statutory power. We therefore reverse the Appellate Division’s dismissal of plaintiff’s negligence claim and remit the matter to the trial court for further proceedings.
According to the complaint, on March 31, 1989, plaintiff, an employee…
2Cases cited8 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc.New York Court of Appeals · 1985
- Conroy v. SwartoutAppellate Division of the Supreme Court of the State of New York · 1987
- Frank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by307 opinions
- Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Linkowski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- American Ref-Fuel Co. v. Resource Recycling, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Quizhpe v. Luvin ConstructionAppellate Division of the Supreme Court of the State of New York · 2010
- Costello v. Hapco Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
302 more not listed; retrieve them via the Exa API.