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LEE v. MUSSO

30 A.D.3d 1089 (2006)

815 N.Y.S.2d 874

KYUNG MI LEE, as Administrator of the Estate of YEOUN-SOON LEE, Deceased, Appellant, v. ALFONSO MUSSO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 9, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum:

The failure of defendant to support his motion for summary judgment dismissing the complaint with a copy of the complaint requires denial of the motion, regardless of the merits of the motion (see CPLR 3212 [b]; D.J. Enters. of WNY v Benderson,

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