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Somers Realty Corp. v. Big "V" Properties

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 581 (N.Y. App. Div. 1989)

Opinion

April 17, 1989

Appeal from the Supreme Court, Westchester County (Ruskin, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant was not entitled to an award of summary judgment, as its papers submitted in support of the motion failed to include a copy of the pleadings as required by statute (see, CPLR 3212 [b]; Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338; Freeman v. Easy Glider Roller Rink, 114 A.D.2d 436). Inasmuch as the defendant failed to establish its prima facie entitlement to judgment as a matter of law, we need not reach the question of the sufficiency of the evidence presented by the plaintiff in opposition to the motion (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851). Rubin, J.P., Kooper, Sullivan and Balletta, JJ., concur.


Summaries of

Somers Realty Corp. v. Big "V" Properties

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 581 (N.Y. App. Div. 1989)
Case details for

Somers Realty Corp. v. Big "V" Properties

Case Details

Full title:SOMERS REALTY CORP., Respondent, v. BIG "V" PROPERTIES, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 17, 1989

Citations

149 A.D.2d 581 (N.Y. App. Div. 1989)
540 N.Y.S.2d 453

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