D.J. Enterprises of WNY, Inc. v. Benderson

Appellate Division of the Supreme Court of New York

D.J. Enterprises of WNY, Inc. v. Benderson

294 A.D.2d 825, 740 N.Y.S.2d 903, 2002 N.Y. App. Div. LEXIS 4426

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 3, 2002

StatusPublished

Cited by7 cases

This text of 294 A.D.2d 825 (D.J. Enterprises of WNY, Inc. v. Benderson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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D.J. Enterprises of WNY, Inc. v. Benderson, 294 A.D.2d 825, 740 N.Y.S.2d 903, 2002 N.Y. App. Div. LEXIS 4426 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from an order of Supreme Court, Erie. County (Mahoney, J.), entered July 20, 2000, which, inter alia, granted plaintiffs motion seeking partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion and as modified the order is affirmed without costs.

Memorandum: Supreme Court erred in granting plaintiffs 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 AD2d 903). Consequently, we modify the order by denying plaintiffs motion. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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—Appeal from an order of Supreme Court, Erie. County (Mahoney, J.), entered July 20, 2000, which, inter alia, granted plaintiffs motion seeking partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion and as modified the order is affirmed without costs.

Memorandum: Supreme Court erred in granting plaintiffs 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 AD2d 903). Consequently, we modify the order by denying plaintiffs motion. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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294 A.D.2d 825, 740 N.Y.S.2d 903, 2002 N.Y. App. Div. LEXIS 4426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dj-enterprises-of-wny-inc-v-benderson-nyappdiv-2002.

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