Practice point: A court deciding a motion for summary judgment is empowered to search
the record and may, even in the absence of a cross motion, grant
summary judgment to a nonmoving party. Such power, however, is not boundless, and the court's search of the record is
limited to those causes of action or issues that are the subject of the
motion.
Student note: Moreover, discovery in
this matter was not complete at the time the court searched the record.
Thus, it was premature for the court to grant summary judgment.
Case: New Hampshire Ins. Co. v. MF Global, Inc., NY Slip Op 05291 (1st Dept. 2013).
Here is the decision.
Monday's issue: Laches and dismissal.
