Opinion
CA 01-01791
May 3, 2002.
Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered July 20, 2000, which, inter alia, granted plaintiff's motion seeking partial summary judgment.
MATTAR D'AGOSTINO, LLP, BUFFALO (KRISTA GOTTLIEB OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
FORTON FORTON, BUFFALO (GERARD F. FORTON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff's motion and as modified the order is affirmed without costs.
Memorandum:
Supreme Court erred in granting plaintiff's motion seeking partial summary judgment. The failure of plaintiff to support its motion with a copy of the pleadings requires denial of the motion, regardless of the merits of the motion ( see CPLR 3212 [b]; Nationwide Mut. Ins. Co. v. Piper, 286 A.D.2d 903). Consequently, we modify the order by denying plaintiff's motion.