Opinion
September 29, 2000
Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.
PRESENT: GREEN, J. P., PINE, HAYES, HURLBUTT AND KEHOE, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Defendant failed to support its motion with a copy of the pleadings filed in the action and thus was not entitled to summary judgment ( see, CPLR 3212 [b]; Deer Park Assocs. v. Robbins Store, 243 A.D.2d 443; McMahon v Wolverine Worldwide, 233 A.D.2d 587; Dupuy v. Carrier Corp., 204 A.D.2d 977).