Since a motion for summary judgment must be addressed to specific causes of action or defenses, the court may search the record and award summary judgment for a nonmoving party only as to a cause of action or issue that is the subject of the motion before the court, pursuant to CPLR 3212(b). Apart from considerations of simple fairness, allowing a summary judgment motion by any party to bring up for review every claim and defense asserted by every other party would be tantamount to shifting the well-accepted burden of proof on summary judgment motions.
Gordillo-Jiminez v. Ravagh Persian Grill, Inc., NY Slip Op 02059 (2d Dep't April 9, 2025)
