Summary judgment.

Practice point: The court may consider an untimely motion or cross motion if a timely motion was made on identical or nearly identical grounds.

Students should note that, in deciding the timely motion, the court may search the record and award summary judgment to the non-movant, pursuant to CPLR3212(b).

Homeland Ins. Co. of N.Y. v. National Grange Mut. Ins. Co., NY Slip 03805 (2d Dept. 2011).

Here is the decision.

Tomorrow’s issue is primary assumption of risk.