Opinion
October 29, 1990
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is affirmed, with costs.
The moving defendants were not entitled to summary judgment as the papers submitted in support of their motion failed to include copies of the answer or answers filed in the action (CPLR 3212 [b]; Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338; Somers Realty Corp. v. Big "V" Props., 149 A.D.2d 581; Freeman v. Easy Glider Roller Rink, 114 A.D.2d 436). Bracken, J.P., Harwood, Miller and Ritter, JJ., concur.