June 27, 2018

Summary judgment to a non-moving party.

The Appellate Division has authority to search the record and award summary judgment to the nonmoving party with respect to an issue that was the subject of the motion before the Supreme Court, pursuant to CPLR 3212[b].

Bank of N.Y. v. Penalver, NY Slip Op 04521 (2d Dep't June 20, 2018)

Here is the decision.