Cais v. Pichler

OPINION OF THE COURT

David B. Saxe, J.

Plaintiff moves for summary judgment on the ground that there are no triable issues of fact or law with respect to defendant’s liability for an alleged unlawful seizure and sale at auction of plaintiff’s vehicle.

Defendant cross-moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the complaint for failure to state a cause of action against him.

On a motion for summary judgment, the court is empowered pursuant to CPLR 3212 (subd [b]) to search the record *276and, if warranted, grant summary relief to the movant’s adversary, even though the latter did not…