Gallagher v. TDS TELECOM

• Decision Date: 07 February 2001
• Citation: 280 A.D.2d 991,720 N.Y.S.2d 422
• Parties: EDWARD R. GALLAGHER, Appellant,<BR>v.<BR>TDS TELECOM, Respondent.
• Court: New York Supreme Court — Appellate Division

280 A.D.2d 991

720 N.Y.S.2d 422

EDWARD R. GALLAGHER, Appellant,

v.TDS TELECOM, Respondent.

Decided February 7, 2001.

Present — Pigott, Jr., P.J., Green, Hayes, Burns and Lawton, JJ.

Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant failed to support its motion with a copy of the pleadings filed in the action and thus Supreme Court erred in granting the motion for summary judgment dismissing the complaint (see, CPLR 3212 [b]; Logan v L.A. Mgt. & Rest., 275 AD2d 1026; McMahon v Wolverine Worldwide, 233 AD2d 587; Dupuy v Carrier Corp., 204 AD2d 977). The court, however, properly denied the cross motion for summary judgment because plaintiff also failed to submit a copy of the pleadings in support of his cross-motion (see, Deer Park Assocs. v Robbins Store, 243 AD2d 443). Therefore, we modify the order and judgment by denying defendant's motion and reinstating the complaint.