This has been held to apply to officers of a corporation "who knowingly participate[] with a
fiduciary in a breach of the corporation's fiduciary duties." Id. at 360. Personal liability
for torts committed by a company has also been extended to members of limited liability
companies if they participated in the commission of the tort in furtherance of the company's
business. See Rothstein v Equity Ventures, LLC, 299 AD2d 472, 474 (2d Dep't 2002).
Thus, any member of Developer who knowingly participated in the breach of its fiduciary
duty is personally liable. However, in its motion for summary judgment, plaintiff failed to assert
any facts as to which, if any, of the individual defendants knowingly participated in the alleged
breach of such duty. Thus, as pursuant to CPLR 3212(b), a court presented with a motion for
[*6]summary judgment is empowered to search the record and
grant summary judgment to any party, including a non-moving party, which is entitled to such
relief. See e.g. Levin v 117 Ltd., 291 AD2d 304 (1st Dept 2002), citing Merritt Hill
Vineyards v Windy Hgts. Vineyard, 61 NY2d 106 (1984). Here, this court has searched the
record and grants summary judgment of dismissal in favor of the individual defendants, as there
is no proof in the record of any personal liability by such defendants in the submitted papers.
Therefore, plaintiff's motion for summary judgment as to the individual defendants is denied and
summary judgment of dismissal is granted in favor of the individual defendants.
Plaintiff's Motion for Summary Judgment Dismissing Defendants'
Counterclaim
Plaintiff and counterclaim-defendant Gutterman also move to dismiss defendants'
counterclaims against them. Defendants seek the sum of $246,212.12 for rent and additional