Practice point: The Court may consider an untimely summary judgment motion where a timely motion was made on nearly identical grounds.
Practitioners should note that a Court is authorized to search the record and award summary judgment to a nonmoving party.
Case: Perfito v. Einhorn, NY Slip Op 04038 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Judgment as a matter of law.
You will find another instructive case here.
