CPLR R. 3212(a)(b)(f)

CPLR R. 3212 Motion for summary judgment
(a) Time; kind of action
(b) Supporting proof; grounds; relief to either party
(f) Facts unavailable to opposing party

Vasquez v Soto, 2009 NY Slip Op 03512 (App. Div., 2nd, 2009)

CPLR 3212(a) provides that any party may move for summary judgment once issue has been joined. The court may "set a date after
which no such motion may be made" which must be at least 30 days after
the filing of a note of issue (CPLR 3212[a][emphasis supplied]). The
court has no authority to require the filing of a note of issue as a
prerequisite to a motion for summary judgment, since CPLR 3212(a)
clearly states that a motion for summary judgment may be made once
issue has been joined
(see Richard's Home Ctr. & Lbr. v Kownacki, 247 AD2d 371).

Harvey v Nealis, 2009 NY Slip Op 03482 (App. Div., 2nd, 2009)

The plaintiff's motion for summary judgment on the issue of liability was premature (see [*2]Hirsh v Greenridge Assoc., LLC, 26 AD3d 411, 412). At the time of the plaintiff's motion, no discovery had taken place and neither party had been deposed (see CPLR 3212[f]; Groves v Land's End Hous. Co., 80 NY2d 978, 980; Afzal v Board of Fire Commrs. of Bellmore Fire Dist., 23 AD3d 507,
508). Under the circumstances here, the motion should have been denied
as premature, without prejudice to renewal following the completion of
discovery (see Valdivia v Consolidated Resistance Co. of Am., Inc., 54 AD3d 753, 755; Venables v Sagona, 46 AD3d 672).

RPI Professional Alternatives, Inc. v Citigroup Global Mkts. Inc., 2009 NY Slip Op 03454 (App. Div., 1st, 2009)

Since defendant cross-moved for summary judgment on the merits of its
breach-of-contract counterclaim, the court had authority to search the
record and grant summary judgment in favor of plaintiff, the nonmoving
party, to the extent the record established its entitlement thereto
(CPLR 3212[b]
; DCA Adv. v Fox Group, 2 AD3d 173
[2003]). 

All the bold is mine.

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