Niles v. County of Chautauqua
| Decision Date | 03 July 2001 |
| Citation | 727 N.Y.S.2d 679,285 A.D.2d 988 |
| Parties | JULIE D. NILES et al., Appellants-Respondents,<BR>v.<BR>COUNTY OF CHAUTAUQUA, Respondent-Appellant, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Present — Pigott, Jr., P. J., Green, Pine, Scudder and Burns, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The failure of the County of Chautauqua (defendant) to support its motion with a copy of the pleadings filed in the action requires denial of its motion for summary judgment dismissing the complaint (see, CPLR 3212 [b]; Logan v L.A. Mgt. & Rest., 275 AD2d 1026; Gallagher v TDS Telecom, 280 AD2d 991; Deer Park Assocs. v Robbins Store, 243 AD2d 443; Wolverine Worldwide, 233 AD2d 587; Dupuy v Carrier Corp., 204 AD2d 977), regardless of the merits of the motion. We therefore modify the order by denying defendant's motion in its entirety.
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