Lawlor v. County of Nassau
| Decision Date | 29 October 1990 |
| Citation | 166 A.D.2d 692,561 N.Y.S.2d 644 |
| Parties | Noel LAWLOR, Respondent, v. COUNTY OF NASSAU, Defendant, The Hertz Corporation, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Smith Mazure Director & Wilkins, P.C., New York City (Marvin D. Fuhrman and Steve S. Efron, of counsel), for appellants. Edwin I. Gorski, New York City, for respondent.
In a negligence action to recover damages for personal injuries, the defendants Hertz Corporation and Kobi Productions a/k/a Kobi Enterprises appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated December 13, 1988, which denied their motion for summary judgment dismissing the complaint and cross claims insofar as asserted against them. 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 Assoc. v. Globe Mfg. Corp., 34 N.Y.2d 338, 357 N.Y.S.2d 478, 313 N.E.2d 776; Somers Realty Corp. v. Big "V" Props., 149 A.D.2d 581, 540 N.Y.S.2d 677; Freeman v. Easy Glider Roller Rink, 114 A.D.2d 436, 494 N.Y.S.2d 351).
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