Practice point: Where a party makes a timely summary judgment motion, the court may consider an untimely motion, provided it is based on nearly identical grounds.
Practitioners should note that, in deciding the timely motion, the court may search the record and award summary judgment to a nonmoving party.
Case: Lennard v. Khan, NY Slip Op 00482 (2d Dept. 2010)
The opinion is here.
Tuesday’s issue: Motion practice.
