54 N.Y.2d 619 (1981)
A party who moves for summary judgment exposes themselves to a summary judgment award against them, especially when they are apprised of motions seeking a declaration of their sole liability.
Summary
Hertz Corporation sued Dahill Moving and Storage Co., Inc. North River Insurance Company, a third-party defendant, moved for summary judgment against Dahill. W.M. Ross and Co., Inc., another third-party defendant, subsequently moved for summary judgment, seeking a declaration that North River was solely liable to Dahill under the insurance policy. The Court of Appeals affirmed the lower court’s decision, holding that North River, by moving for summary judgment against Dahill, opened itself up to an award of summary judgment in favor of Dahill. Further, North River was aware of Ross’s motion arguing for North River’s sole liability, negating any claim of being unfairly surprised by the judgment against them.
Facts
Hertz Corporation initiated a lawsuit against Dahill Moving and Storage Co., Inc. Subsequently, North River Insurance Company was brought into the case as a third-party defendant. North River then moved for summary judgment against Dahill. Following this, W. M. Ross and Co., Inc., another third-party defendant, filed a motion for summary judgment. Ross sought a declaration from the court that North River was solely liable and obligated to Dahill under the terms of an insurance policy that North River had issued to Dahill.
Procedural History
The lower court granted summary judgment against North River Insurance Co. North River appealed, arguing that it was not properly notified about the motion for summary judgment against it. The New York Court of Appeals affirmed the lower court’s order.
Issue(s)
Whether the award of summary judgment against North River Insurance Company was affected by an error of law, considering North River’s claim that it was not adequately apprised of the motion for summary judgment against it.
Holding
No, because North River, by moving for summary judgment against Dahill, exposed itself to a potential summary judgment award in favor of Dahill. Furthermore, North River was aware of W.M. Ross and Co.’s motion seeking a declaration that North River was solely liable, thus it cannot claim lack of notice.
Court’s Reasoning
The Court of Appeals reasoned that North River Insurance Company’s claim of not being apprised of the motion for summary judgment was without merit. By initially moving for summary judgment against Dahill, North River subjected itself to the possibility of a summary judgment award against it. The court emphasized that North River was aware of the motion by W. M. Ross and Co., Inc., which sought a declaration that North River was solely liable to Dahill under the insurance policy. This awareness negated any potential argument that North River was unfairly surprised by the summary judgment against them. The court concluded that, given these circumstances, the award of summary judgment against North River was not affected by any error of law. In essence, the court applied a principle of procedural fairness, stating that a party initiating a legal action opens themselves to responsive actions within the scope of the litigation. The court’s decision does not delve into the specific policy considerations, but it underscores the importance of being prepared for potential counter-actions when initiating a legal motion.