3212 – limited to the issues or defenses that are the subject of the motion

Green v Price Chopper, Inc., 2018 NY Slip Op 05578 [2d Dept 2018]

In determining a motion for summary judgment, a court is generally limited to the issues or defenses that are the subject of the motion (see Rosenblatt v St. George Health & Racquetball Assoc., LLC, 119 AD3d 45, 52). Here, the Supreme Court should not have granted the motion on the ground that the plaintiff did not know what caused her to fall, since the issue was not raised by the defendants in their motion papers

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