Practice point: In deciding a motion, the court may search the record and award summary judgment to a nonmoving party, pursuant to CPLR 3212(b).
Students should note that, in the interest of justice, a court may consider newly submitted evidence in a motion to renew, even if it was available in the prior motion.
Case: Atiencia v. Mbbco Ii, LLC, NY Slip Op 05872 (1st Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
