Ordered that the order is modified, on the law, by granting the plaintiff partial summary judgment dismissing the eighth affirmative defense, and as so modified, the order is affirmed, with costs to the plaintiff.
We dismiss the affirmative defense of collateral estoppel as being without merit (see, Schwartz v Public Administrator of County of Bronx, 24 N.Y.2d 65; Kret v Brookdale Hosp. Med. Center, 93 A.D.2d 449, affd 61 N.Y.2d 861). In doing so, we note that on a motion for summary judgment, this court has the power to search the record and grant relief to a nonmoving or nonappealing party (see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 N.Y.2d 106). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.