CHRISTOPHER v. Y&H Enterprises, Inc., Defendant–Appellant. (2023)

Order, Supreme Court, New York County (Lisa S. Headley, J.), entered September 12, 2022, which, to the extent appealed from, sua sponte granted plaintiff summary judgment on his claims against defendant Y & H Enterprises, Inc. (Y & H), unanimously reversed, on the law, without costs, and the sua sponte grant of summary judgment vacated.

Plaintiff Sean E. Christopher commenced this action seeking to recover damages for personal injuries sustained during a car accident.  At the time of the accident, the vehicle owned by defendant Piard was operated by an employee of defendant Y & H, which rear ended plaintiff's vehicle.  Defendant Piard moved for summary judgment dismissing the claims that plaintiff asserted against her on the ground that she was free from negligence because she had not given Y & H permission to operate her vehicle outside Y & H's garage.  Besides opposing defendant Piard's motion, plaintiff cross-moved for summary judgment on liability against defendant Piard.  Supreme Court granted defendant Piard's motion for summary judgment dismissing the claims plaintiff asserted against her, while also sua sponte granting plaintiff partial summary judgment on liability on his claim against co-defendant Y & H.

We agree with defendant Y & H that the motion court erred in searching the record and granting summary judgment to plaintiff on plaintiff's claim against Y & H. A motion for summary judgment on one claim or defense does not provide a basis for searching the record and granting summary judgment on an unrelated claim or defense (Sadkin v. Raskin & Rappoport, P.C., 271 A.D.2d 272, 273, 707 N.Y.S.2d 400 [1st Dept. 2000];  see also Frank v. City of New York, 211 A.D.2d 478, 479, 621 N.Y.S.2d 546 [1st Dept. 1995]).  Here, the only issues raised with respect to defendant Piard's motion and plaintiff's cross-motion were defendant Piard's liability and plaintiff's comparative fault.  The court therefore erred in granting summary judgment to plaintiff based on co-defendant's Y & H's liability.