WILLIAMS v. NELSON

2334, 20777/06

71 A.D.3d 476 (2010)

894 N.Y.S.2d 879

LAVERNE J. WILLIAMS, Appellant, v. WILNER NELSON et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 11, 2010.


CPLR 3212 (b) requires that a motion for summary judgment be supported by copies of the pleadings. Accordingly, the complaint is a requisite part of the record on a summary judgment motion (see Krasner v Transcontinental Equities, 64 A.D.2d 551 [1978]). Summary judgment was properly denied inasmuch as the complaint is not part of the record on the instant motion and cross motion. Also, we are unable to pass upon the timeliness...

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