Summary
The Appellate Division, First Department reversed an order that dismissed the complaint against Alicart Restaurant Group based on a summary judgment motion brought by a different defendant, Excellent Builders, Inc. The court held that the defendants' defenses were unrelated and that the plaintiffs were deprived of due process to the extent they lacked notice that dismissal against all defendants would be considered.
Topics
Practice areas
Questions Presented
- Whether Supreme Court could dismiss the complaint against Alicart Restaurant Group on a search of the record based solely on Excellent Builders' motion for summary judgment.
- Whether plaintiffs were denied due process because they were not notified that the court might dismiss the entire complaint against all defendants.
Holdings
- No. A motion for summary judgment addressing one defendant's claim or defense cannot support a search of the record and summary judgment on an unrelated defendant's different defense.
- Yes, to the extent plaintiffs were not put on notice that they would be required to respond to a motion seeking dismissal of the entire complaint against all defendants, dismissal against Alicart deprived plaintiffs of due process.
Key quotations
“(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” ([*1])
Factual background
Eileen Gibbons allegedly slipped and fell on water in the women's restroom of Carmine's restaurant. She attributed the dangerous condition to improperly designed, placed, and installed sinks and to Carmine's negligent failure to mop the area. Excellent Builders had renovated the restroom several months before the accident, but it was not a party to the appeal.
Procedural history
Excellent Builders moved for summary judgment dismissing the complaint and cross claims against it. Although plaintiffs did not oppose that motion, Supreme Court also dismissed the complaint against Alicart Restaurant Group on a search of the record. The Appellate Division reversed and vacated the order to the extent it dismissed the complaint against Alicart.