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New York Commercial Division Practice

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Court cannot search the record on claims not the subject of the motion, or can it?

Photo of James M. Wicks
By James M. Wicks on August 2, 2018
Posted in Motions

The Appellate Division, in a short but direct ruling, reminds the bench and bar that courts cannot simply “search the record” and grant summary judgment on claims or defenses that are not the subject of the motion.  It did so this time in the context of an LLC judicial dissolution action pending in the Commercial…

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