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ALEKSANDROWICZ v. CANTELLA & COMPANY, INC.

516 CA 09-02528.

72 A.D.3d 1580 (2010)

898 N.Y.S.2d 913

PETER ALEKSANDROWICZ, Respondent-Appellant, v. CANTELLA & COMPANY, INC., Appellant-Respondent, et al., Defendants.

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

Decided April 30, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We conclude with respect to the appeal by defendant Cantella & Company, Inc. (Cantella) that Supreme Court properly denied its motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (7). As the court properly held, the failure of Cantella to include a copy of the amended complaint with its motion papers is a fatal defect requiring denial of the motion...

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