—[*1] Louis Klieger, New York, for appellant.

Brianne E. Murphy, New York, for respondent.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered May 6, 2009, which denied plaintiff's motion for summary judgment and dismissed the complaint as against defendant Syoum, unanimously affirmed, with costs.

Even though plaintiff had moved for summary judgment, the motion court had authority to grant summary judgment to the nonmoving defendant (CPLR 3212 [b]). The court properly dismissed the complaint on undisputed facts. The lease between the parties required plaintiff to give notice of a default to Syoum, the assignor of the lease. Plaintiff's failure to give Syoum such notice constituted a breach of its obligations under the lease (see Poole v Pellati, 251 AD2d 480, 481-482 [1998], lv dismissed 92 NY2d 1002 [1998]). Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Manzanet-Daniels and RomÁn, JJ. [Prior Case History: 2009 NY Slip Op 31025(U).]